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2002 Supreme(Mad) 406

M.KARPAGAVINAYAGAM
P. Chelliah – Appellant
Versus
Mottayandi Thevar – Respondent


Advocates:
S. A. Hafiz, for Appellant; Mrs. Vijayakumari Natrajan, for Respondents; A. Shanmugam, for Respondents.

Judgement

JUDGMENT :- P. Chellaiah, the appellant herein, having lost before both the Courts below, has filed these two appeals.

2. The appellant/plaintiff filed a suit in O.S. No. 748 of 1981 before the trial Court against the respondents/defendants for declaration of his title and also for permanent injunction and recovery of possession of 2nd and 3rd schedule properties. The first defendant filed a suit in O. S. No. 82 of 1982 for declaration of his title and also for permanent injunction and recovery of possession in respect of 13 cents.

3. The suit filed by the plaintiff was dismissed and the suit filed by the first defendant was decreed in his favour. Against the judgment and decree of the trial court, the appellant filed two appeals in A. S. Nos. 36 of 1984 and 21 of 1985. The appellate Court dismissed both the appeals by confirming the judgment and decree passed by the trial Court. Hence these two second appeals by the appellant.

4. According to the appellant /plaintiff, the plaint 1st schedule property measuring about 3 acres and 18 cents belong to him. Originally, the said property belonged to the plaintiff's mother, Rakkammal. She settled the entire property in favour of th













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