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2012 Supreme(Mad) 4776

S.VIMALA
Indrani – Appellant
Versus
A. P. Madhan – Respondent


Advocates appeared:
For the Petitioners:T. Dhanasekaran, Advocate.
For the Respondents:R1, R. Rajaramani for V.R. Anna Gandhi, Advocates.

Judgment :-

The defendants are the appellants. The plaintiffs filed the suit in O.S.No.162 of 2001 seeking the relief of declaration, possession and damages. The plaintiffs claimed title by inheritance from his father. The suit was decreed, granting the relief of declaration and recovery of possession and the relief of damage was declined. The defendants' appeal was also dismissed and thereby the judgement of the trial court came to be confirmed. During the first appeal, the defendants filed petition under Order 41 Rule 27, producing the sale agreement dated 25.7.1987. This petition was heard along with the appeal and the petition was dismissed.

2. Challenging the judgement and decree of the first appellate court, the second appeal has been filed. The second appeal has been admitted on the following substantial questions of law:

"(i) Whether the reasoning of the Appellate Judge for dismissing the application for reception of additional document is legal and sustainable?

(ii) Whether the Courts below is legally right in upholding the claim for title by the plaintiffs without any document is legal and sustainable?

(iii) Whether the courts below right is in decreeing the suit when o



























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