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2008 Supreme(Mad) 226

SUDHANSU JYOTI MUKHOPADHAYA, M.VENUGOPAL
Radhabai – Appellant
Versus
Arunagiri & Others – Respondent


Advocates Appeared:
For the Appellant:V. Raghavachari, Advocate.
For the Respondents:R1 & 2, A.L. Somayaji, S.C. for A.S. Thambuswamy, Advocate.

Judgment :-

M. Venugopal, J.

L.P.A.Nos.86 of 2001 and 87 of 2001 have been preferred by the appellant/plaintiff as against the Judgment and Decree passed by the learned Single Judge of this Court in A.S.No.720 of 1987 and Tr.A.S.No.438 of 1989 dated 21.03.2000 holding that the Sale Deed dated 24.04.1968 executed by Sambournathammal in favour of Visalakshiammal cannot be held as null and void and the amount awarded by the trial Court payable by the respondents/defendants 1 and 2 is not proper and setting aside the same.

2.The appellant/plaintiff filed a suit in O.S.No.445 of 1982 on the file of learned Principal Subordinate Judge, Pondicherry praying for a declaration that the Sale Deed dated 24. 1968 executed by Sampournathammal is null and void. The learned Principal Subordinate Judge, Pondicherry after considering the oral and documentary evidence has decreed the suit as against the respondents/defendants 1 and 2 with proportionate costs and dismissed the suit against the 3rd and 4th respondents without costs. The learned Principal Subordinate Judge, Pondicherry has given a specific finding that the appellant/plaintiff is not entitled to cancel the Sale Deed as prayed for in the p













































































































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