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2012 Supreme(Mad) 3751

G.RAJASURIA
Appadurai – Appellant
Versus
Selvan – Respondent


Advocates Appeared:
For the Appellants:S. Parthasarathy, Sr. Counsel, for M/s. Sarvabhauman Associates, Advocates.
For the Respondent:P. Vlliappan, Advocate.

Judgment :-

1. This second appeal is focussed by the defendants in the suit as against the judgement and decree dated 13.9.2005 passed by the Sub Court, Ariyalur, in A.S.No.22 of 1999 reversing the judgement and decree dated 24.6.1999 passed by the District Munsif Court, Jeyankondam, in O.S.No.346 of 1996, which was one for declaration and for injunction.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this second appeal would run thus:

(i) The respondent herein, who happened to be the plaintiff, filed the suit for declaration and injunction in respect of an extent of 27 cents of land in S.No.470/9.

(ii) The first appellant herein/first defendant filed the written statement, which was adopted by the second defendant, resisting the suit.

(iii) Whereupon the trial Court framed the issues.

(iv) During trial, the plaintiff examined himself as P.W.1 along with P.Ws.2 to 4 and marked Exs.A1 to A3. The first defendant examined himself as D.W.1 along with D.Ws.2 to 6 and marked Exs.B1 to B14. Exs.X1 an




























































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