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1999 Supreme(Mad) 1068

M.KARPAGAVINAYAGAM
Kandasamy Gounder – Appellant
Versus
Thangavel Gounder & Another – Respondent


Advocates:
C. Pandian, for Appellant. K.Doraisamy, Senior Counsel, for T.D.Vasu, for
Respondent No.1.

Judgment :-

Kandasamy Gounder, the plaintiff is the appellant herein. Thagavel Gounder and Palanisamy Gounder, the defendants are the respondents herein.

2. The appellant filed a suit in O.S.No.330 of 1981 on the file of the Court of District Munsif, Pollachi for declaration and injunction in respect of 2.44 acres in Survey No.20/1 in Jallipatti Village, Pollachi Taluk.

3. Though the said suit was contested by the defendants in respect of 44 cents, the learned District Munsif, after going through the entire evidence both oral and documentary, decreed the suit in respect of the entire property. Aggrieved by the judgment and decree of the trial court, the first defendant, the first respondent herein alone filed an appeal in A.S.No.79 of 1986 on the file of the Subordinate Judge. Udumalpet. The learned first appellate Judge, though confirmed the judgment and decree of the trial court in respect of 2 acres in S.No.20/1, reversed the finding of the trial court with respect to the remaining 44 cents in S.No.20/1. Aggrieved by the judgment and decree of the lower appellate court, the plaintiff, the appellant herein has filed this second appeal.

4. When the second appeal was entertained








































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