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2013 Supreme(Mad) 1392

G.RAJASURIA
P. M. Rajeshwari – Appellant
Versus
P. Kanthimathi – Respondent


Advocates Appeared:
For the Appellants:R. Kannan, Advocate.
For the Respondents:K.P. Gopalakrishnan, Advocate.

JUDGMENT

1. This Second appeal is focused by the defendants animadverting upon the judgment and decree dated 25.11.2011 passed by the Subordinate Judge, Tambaram, in A.S.No.144 of 2009, reversing the judgment and decree dated 30.6.2009 passed by the Additional District Munsif, Alandur, in O.S.No.404 of 1998, which was one for declaration.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court. Pendente lite the original plaintiff-Padmanabhan died and his L.Rs. were impleaded as plaintiffs.

3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this second appeal would run thus:

(a) The original deceased plaintiff, namely, Padmanabhan, filed the suit seeking the following reliefs:

"to declare that the sale deed registered as document No.961 of 1997 dated 11.4.1997 with regard to the suit schedule property, executed by the first defendant in favour of the second defendant, is a fraudulent transaction in view of the revocation of the power given to the first defendant by the plaintiff by document deed 9.4.1997 and thereby would not be binding on the plaintiff;

(b)

































































































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