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1996 Supreme(Mad) 244

N.ARUMUGHAM
Shanmugam Servai – Appellant
Versus
P. Periyakaruppan Servai – Respondent


E. M. Sudarsana Nachiappan, P. Peppin Fernando, Advocates.

Judgment :

Heard. Seeking the review of the judgment delivered by me on 4-8-1994 in S.A. 839 of 1994, under O.47, R.1 and Section 114 of the Code of Civil Procedure. The present petition is filed. I have rendered the following judgment on 4-8-1994 when the Second Appeal came for admission :-

"Heard the contentions raised by Mr. E.M. Sudarsana Natchiappan, the learned counsel appearing for the appellant. While seeking the admission of the second appeal, the learned counsel contended that while reversing the judgment of the trial Court, the appellate Court has failed to consider the document of title, Ex. A.1, the U.D.R. patta granted in the name of the plaintiff and that the said aspect, in the context of the prior mortgage deed created and executed by defendant, has clearly established the title of the appellant/plaintiff to the suit property. In this context, I have perused the judgment of both Courts below and the findings given by the lower appellate Court with reference to Ex. A-1 in the context of the title, viz., mortgage deed executed by the defendant which is anterior to Ex. A-1 it is perfectly correct and at par with law. Except the abovesaid contention, no other material ha
















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