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2009 Supreme(Mad) 4466

R.BANUMATHI
Manoharan – Appellant
Versus
Jayaraman – Respondent


Advocates Appeared:
For the Appellant:N.S.M.MD. Jafarullah, Advocate. For the Respondent:A. Seshan, Advocate.

Judgment :-

Being aggrieved by the judgment in A.S.No.93 of 2005 reversing the judgment of the trial Court in O.S.No.99 of 2002 and dismissing appellants/plaintiffs suit for permanent injunction, unsuccessful plaintiff has filed this Second Appeal. For convenience, parties are referred in their original rank in the suit.

2. Suit property relates to 2.21 acres comprised in S.F.No.78/4B of Kainur Village. The case of the plaintiff is that suit property was the self acquired property of the defendants father Ponnan and the said Ponnan sold the suit property to plaintiffs father Munusamy under Ex.A1 sale deed dated 210. 1962. After purchase, the plaintiffs father was in possession and enjoyment of said extent of 2.21 acres. The plaintiffs father died intestate on 17.04.2001 leaving behind his wife Muthubackiammal, sons namely plaintiff and other sons and daughters. The plaintiffs mother Muthubackiammal also died intestate. Plaintiff and his brothers and sisters are in joint possession and enjoyment of the suit property. A portion of the suit land was converted into plots and the plaintiff being Power of Attorney of his brothers and sisters had also sold away 16 plots to third parties an

















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