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2012 Supreme(Mad) 3859

G.RAJASURIA
Sakunthalammal (died) – Appellant
Versus
T. G. Rajabathar (died) – Respondent


Advocates appeared:
For the Appellants:N.S. Varathachari, Advocate.
For the Respondents:R21, S. Thiruvenkatasamy, Advocate, R12 to R14, No Appearance.

Judgment :-

1. This appeal is focussed at the instance of the plaintiffs as against the judgment and decree dated 2.1.1980 passed by the 5th Assistant Judge, City Civil Court, Masdras, in O.S.No.2733 of 1965, which is one for declaration and permanent injunction.

2. The parties, for convenience sake, are referred to here under 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 appeal would run thus:

a) The plaintiffs/appellants herein filed the suit seeking the following reliefs:

To pass a decree in favour of the plaintiffs and as against the defendants

(a) declaring that the sale deed dated 25.7.1937 is not valid and binding on the plaintiffs and for a permanent injunction restraining the defendants 4 to 8 from dealing with the property altering its status-quo to the detriment of the plaintiffs vested rights in the property covered by the sale deed (item No.2 in the plaint schedule)

(b) That the sale deed dated 27.8.1943 is not valid and binding on the plaintiffs and for a permanent injunction restraining the 9th defendant from in any way dealing with the proper














































































































































































































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