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2009 Supreme(Mad) 3460

G.RAJASURIA
T. G. Ashok Kumar – Appellant
Versus
Govindammal & Another – Respondent


Advocates Appeared:
For the Appellant:V. Raghavachari, Advocate.
For the Respondents:R1, M.R. Khapali, Advocate.

Judgment :-

This second appeal is focussed as against the judgment and decree dated 26.03.2008 passed by the learned Subordinate Judge, Tiruvallur in A.S.No.4 of 2006, confirming the judgment and decree dated 06.07.2005 passed by the learned District Munsif, Tiruvallur in O.S.No.138 of 2004. For convenience sake, the parties are referred to here under according to their litigative status and ranking before the trial Court.

2. Broadly but briefly, narratively but precisely the relevant facts which are absolutely necessary and germane for the disposal of this Second Appeal would run thus:

The plaintiff being the appellant herein in the Second Appeal, filed the suit for declaration of his right over the land measuring an extent of 4.25 cents and for permanent injunction based on his title deed, viz., the sale deed dated 11.04.1990, Ex.A1 executed by Kanagavalliammal, the second defendant in favour of the plaintiff, setting out and projecting the grounds that D2, the vendor of the plaintiff purchased the suit property vide sale deed dated 04.03.1957 and she also effected mortgage of the said property and thereafter sold it as per Ex.A1, in favour of the plaintiff. The earlier partition










































































































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