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2012 Supreme(Mad) 180

ARUNA JAGADEESAN
S. M. M. Mohamed Mydeen – Appellant
Versus
S. N. Peer Mohamed – Respondent


Advocates Appeared:
M.Vallinayagam, M.P.Senthil, G.Prabhu Rajadurai

JUDGMENT

( 1. ) THESE Second Appeals are filed against the Judgement and Decree dated 28.11.2006 passed in AS.Nos.6 and 7/2006 by the learned I Additional District Judge, Tirunelveli, confirming the Judgement and Decree dated 10.08.2005 passed in OS.Nos.46/1997 and 308/1999 by the learned II Additional Sub Judge, Tirunelveli.

( 2. ) THE Appellant herein filed the above said suit in OS.No.46/1997 on the file of the I Additional Sub Court, Tirunelveli against the Respondent herein for declaration and recovery of possession of the house bearing Door No.155, Pulianjuvanam, 7th Street, Thiruvaranganeri, Eruvadi. He claims title of the above said property on the basis of a registered sale deed dated 18.04.1994 executed by his mother Asan Pathumal, who in turn got the property by way of a registered gift deed dated 29.04.1993 from her husband. THE brother of the Appellant had filed a suit for partition of his share in the suit property and one another property against his mother and the Appellant herein before the District Munsif Court, Valliyoor in OS.NO.308/1999. THE said suits in OS.NO.46/1997 and OS.No.308/1999 were tried jointly. THE suit in OS.No.46/1997 was dismissed and the suit in



































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