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2008 Supreme(Mad) 4485

A.SELVAM
A. Anthony Pushpam Ammal – Appellant
Versus
Rev. Mother Superior – Respondent


Advocates appeared:
For the Appellant:K. Srinivasan, Advocate.
For the Respondents:R1, M. Panner Selvam, R2, M. Panner Selvam, Dominique, Advocates.

JUDGMENT :-

(Second appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 22.01.1997 passed in Appeal Suit No.129 of 1993 by the Subordinate Court, Tuticorin, confirming the judgment and decree dated 30.04.1993 passed in Original Suit No.533 of 1990 by the Principal District Munsif Court, Tuticorin.)

Challenge in this second appeal is to the concurrent judgments passed in Original Suit No.533 of 1990 by the Principal District Munsif Court, Tuticorin and in Appeal Suit No.129 of 1993 by the Subordinate Court, Tuticorin.

2. The deceased first plaintiff has instituted Original Suit No.533 of 1990 on the file of the trial Court for the reliefs of declaration and perpetual injunction, wherein the present respondents have been shown as defendants.

3. It is averred in the plaint that the suit property is the absolute property of the first plaintiff and the same is originally belonged to one Sri Sankararameswara Thevasthanam. The first plaintiff has enjoyed the same. The suit village has been taken over by the Government under Minor Inam Abolition Act, 1963 and subsequently a patta has been granted in the name of the first plaintiff. The husband of the f
































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