T.RAJA
E. Ranganathan – Appellant
Versus
M. Gnanasundari – Respondent
1. The present Second Appeal has been directed against the Judgment and Decree dated 31.03.2005 passed in A.S.No.2 of 2003 on the file of the Subordinate Judge, Ponneri, reversing the Judgment and Decree dated 07.11.2002 passed in O.S.No.111 of 2001 on the file of the District Munsif-cum-Judicial Magistrate, Thiruvottiyur.
2. The brief facts which led to file this second appeal, are as follows:
(i) The present second appeal has been filed against the finding of the first appellate Court that reversed the judgment and decree passed by the trial Court.
(ii) The appellant/plaintiff has filed a suit in O.S.No.111 of 2001 for declaration of title and permanent injunction restraining the defendant from tresspassing into the suit property from cutting and carrying away the trees standing thereon and for peaceful possession and enjoyment of the same.
(iii) Pappathiammal, who is the grandmother of the appellant/plaintiff, has purchased 'A' Schedule property, which is marked as ABCD in the plaint, in the year 1907 under Ex.A.1 registered sale deed dated 4.9.1907 and since then she has been in possession and enjoyment of the same. The said Pappathiammal had four sons and one dau
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