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2012 Supreme(Mad) 3412

ARUNA JAGADEESAN
A. Nandagopala Krishnan – Appellant
Versus
Antony – Respondent


Advocates appeared:
For the Petitioner:S. Mani, Advocate.
For the Respondent:M. Saravanan for R. Subramanian, Advocates.

Judgment :-

1. This Civil Revision Petition is filed by the Plaintiff in OS.NO.286/2009 on the file of the learned II Additional District Munsif, Tirunelveli against the acceptance of the counter claim made by the Defendant by way of Additional Written Statement by order dated 11.01.2012 made in IA.No.1035/2011.

2. This Civil Revision Petition arises out of Os.NO.286/2009, a suit filed by the Petitioner for permanent injunction restraining the Defendant from interfering with his possession and enjoyment of the suit property. The Plaintiff has claimed to have purchased the suit property through a registered sale deed dated 26.12.2008 from the Defendant.

3. The Defendant resisted the claim by contending that the sale deed is a forged one created by the Plaintiff in collusion with one Chandrasekar. It is contended inter alia that one Chandrasekar had taken a power deed from the Defendant in order to enable him to rent out the 1st schedule of property of the suit property to one Chandran and by misusing the said power, the sale deed in favour of the Plaintiff has been created. It is contended that the power deed and the sale deed dated 26.12.2008 are forged document.

4. The Trial Cour













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