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2007 Supreme(Mad) 1548

G.RAJASURIA
G. Devadasan – Appellant
Versus
A. Sundarapandy (Died) – Respondent


Advocates Appeared:
For the Petitioner:M. Joseph, Advocate.

Judgment :-

1. This Second Appeal is focussed as against the concurrent findings of both the Courts below vide judgments dated 13.09.1996 in A.S. No.36 of 1993 on the file of the learned Principal District Judge, Tuticorin, confirming the decree and judgment dated 18.11.1992 in O.S. No.352 of 1985 on the file of the learned District Munsif, Srivaikuntam.

2. The parties for convenience sake, are referred to hereunder according to their litigative status before the Trial Court.

3. The plaintiff filed the Original Suit as against the defendant for declaration of his title and for recovery of possession, based on his title deed namely the sale deed Ex.A-3 dated 2.4.1979 which was executed in his favour by Savari Muthu Nadar who earlier purchased the property from his father Maria Savari Muthu Nadar as per sale deed dated 25.1.1941.

4. Challenging and impugning, denying and gainsaying the allegations/averments of the plaintiff relating to the Suit claim, the defendant filed the written statement resisting the prayer of the plaintiff.

5. The First Appellate Court confirmed the judgment of the Trial Court by giving a finding to the effect that the vendor of the plaintiff had tide and con






















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