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2011 Supreme(Mad) 3639

R.S.RAMANATHAN
Baggiamma – Appellant
Versus
K. Padmavathi – Respondent


Advocates appeared:
For the Appellants:D. Venkateswarulu, Advocate.
For the Respondents:R1 & R2 - T. Sundar Raja, Advocate.

Head Note :-

Civil Procedure Code - Section 100 - Suit for declaration - Appellants submitted that, trial Court dismissed the suit filed by the respondents one and two holding that, sale deed relied upon by the respondents one and two cannot be looked into for claiming title as it is an unregistered sale deed and except the same, respondents one and two do not have any document to prove their title and rightly decreed the suit filed by the deceased first appellant and the first appellate Court without properly appreciating the admissibility of the sale deed, relied upon the same, allowed the appeal filed by the respondents one and two and decreed the suit and dismissed the suit filed by the deceased first appellant and Judgement and Decree of the lower appellate Court is liable to be set aside - appellants submitted that, substantial question of law that arises for consideration in the Second Appeal is whether the lower appellate Court is right in decreeing the suit on the basis, unregistered sale deed -

Court held - as rightly submitted by the respondents one and two, both the suits were tried together and a common Judgement was pronounced dismissing the suit filed by the respondent




















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