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1999 Supreme(Mad) 410

E.PADMANABHAN
Gunabhooshanammal – Appellant
Versus
Santha and Another – Respondent


Judgment :

E. Padmanabhan, J.

1. The first defendant in O.S.No. 104 of 1988 on the file of the Sub Court, Ami who had lost before the first appellate court is the appellant in this Second Appeal. This Second Appeal is directed against the judgment and decree of the learned District Judge, North Arcot dated 30.11.1992 made in A.S.No. 36 of 1992 in reversing the judgment and decree of the learned Subordinate Judge of Ami dated 33. 1992 made in O.S.No. 104 of 1988.

2. For convenience the parties shall be referred as arrayed before the trial court.

3. At the time of admission the following substantial question of law was framed by this Court.

When the plaintiff as P.W.1 has admitted thus (Editor: The text of the vernacular matter has not been reproduced. required.)

Whether the lower appellate court is right in having decreed the suit?

4. According to the plaintiff, the suit property originally belonged to Thillai Natarajan, husband of the first defendant, that the suit property was sold in court auction, that one Ismail was the court auction purchaser, that the said Ismail conveyed the same to Jayapal, that from Jayapal, the plaintiff purchased the suit property as vacant site, that

















































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