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2011 Supreme(Mad) 4038

R.SUBBIAH
K. A. Shanmugam – Appellant
Versus
Tamilarasi – Respondent


Advocates appeared:
For the Appellants:S. Parthasarathy, Senior Counsel for S. Vijayan, Advocate.
For the Respondent:M.S. Krishnan, Senior Counsel for N. Senthil Kumar, Advocate.

JUDGMENT :-

1. Defendants 4 and 5 in O.S.No.128 of 2004, who are the plaintiffs in O.S.No.132 of 2004 on the file of District Munsif-cum-Judicial Magistrate Court, Omalur, have filed the present second appeals, aggrieved over the common judgment and decrees dated 31.07.2007 passed by the learned Subordinate Judge, Mettur in A.S.Nos.35 and 36 of 2006, reversing the common judgment and decrees passed by the trial court in both the suits.

2. The 1st respondent herein, viz., Tamilarasi is the plaintiff in O.S.No.128 of 2004 and she filed the suit against respondents 2 and 3, their mother deceased Iythal and the appellants as the defendants for a declaration of her title over the suit property, permanent injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit property, a declaration that the cancellation deed dated 20.02.1996 and the two sale deeds dated 29.11.1996 and another two sale deeds dated 16.06.1997 are not true and valid and they would not bind the plaintiff.

3. The appellants herein, viz., K.A.Shanmugam and K.Sengodan filed O.S.No.132 of 2004 against the respondents herein and the deceased Iythal as the defendants for a perma
















































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