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2007 Supreme(Mad) 1523

V.DHANAPALAN
Kader Mohideen – Appellant
Versus
K. P. M. Peer Mohamed – Respondent


Advocates Appeared:
For the Appellant:S. Ramesh, V. Raghavachari, Advocates.
For the Respondent:C. Vakeeswaran, A. Sankarasubramanian, Advocates.

Judgment :-

(Second Appeal preferred under Section 100 of Civil Procedure Code against the judgment and decree dated 23.01.1991 passed in A.S. No.49 of 1990 on the file of the Principal Sub-Judge, Tirunelveli reversing the judgment and decree dated 27.11.1989 in O.S. No.985 of 1998 on the file of the District Munsif, Valliyur.)

The suit filed by the plaintiff was decreed and on appeal by the defendant, the lower appellate court reversed the findings of the Trial Court and dismissed the suit. Aggrieved by the judgment of the lower appellate court, the plaintiff has preferred this Second Appeal.

2. The case of the appellant/plaintiff, in short, is as under:

The defendants father by name Fakir Mohideen Rowthar executed a Settlement Deed in favour of Mohideen Beevi, his daughter, who in turn, executed a Sale Deed on 21.07.1986 in favour of the appellant/plaintiff for a sale consideration of Rs.13,000/-on account of which the appellant/plaintiff has sole ownership over the suit property. On 28.06.1986, the respondent/defendant, along with his wife, came to Erwadi and resided as licensee in the suit schedule property with due permission from his sister Mohideen Beevi. Since the responden










































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