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2010 Supreme(Mad) 521

M.DURAISWAMY
Chinnammal – Appellant
Versus
Valliammal – Respondent


Advocates Appeared
For the Appellans:R. Subramaniam, Advocate.
For the Respondents:R1, V. Udayakumar, Advocate, R2, R3 R. Muthaian, G.A.

Judgment :-

The above Second Appeal arises against the judgment and decree in A.S.No.80 of 2001 on the file of Principal District Court, Perambalur reversing the Judgment and Decree in O.S.No.12 of 1993 on the file of District Munsif Court, Perambalur.

2. The plaintiffs 2 and 3 in the suit are the appellants in the above second appeal. The third defendant is the first respondent and the defendants 1 and 2 are the respondents 2 and 3 in the above second appeal.


3. The plaintiffs filed the suit in O.S.No.12 of 1993 on the file of District Munsif Court, Perambalur for declaration of title and mandatory injunction against the defendants 1 and 2 to transfer the pattas of the suit properties in the name of 2nd and 3rd plaintiffs.

4. The brief case of the plaintiffs in the suit are as follows:-

(i) According to the plaintiffs, the suit properties belong to them. Under the sale deed dated 4.6.1966, the first plaintiff purchased the first item of the suit property from one Namanan son of Namanan. Since the date of purchase, the first plaintiff is in possession and enjoyment of the first item of the suit property.

(ii) According to the plaintiffs, the first plaintiff purchased the second item o
































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