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2013 Supreme(Mad) 2498

G.RAJASURIA
Vanaja – Appellant
Versus
Chinnathambi @ Arunachalampillai – Respondent


Advocate Appeared:
For the Appellant:N. Jothi for N. Ponraj, Advocates.
For the Respondent:S.V. Jayaraman, Senior Counsel for M/s. Govi Ganesan, Advocate.

Judgment :-

1. This Second Appeal is focussed animadverting upon the judgment and decree dated 04.03.2011 passed in A.S.No.7 of 2010 by the learned Subordinate Judge, Sankari at Salem in reversing the judgment and decree passed in O.S.No.316 of 1996 dated 10.08.2009 by the learned District Munsif Court, Sankari.

2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Broadly but briefly, narratively but precisely, the germane facts absolutely necessary for the disposal of this Second Appeal, would run thus:

(a) The plaintiff namely Chinnathambi @ Arunachalampillai, filed the suit as against the defendant/Vanaja, seeking the relief of declaration that he is the absolute owner of the property found described in the schedule of the plaint and also for injunction, so as to restrain the defendant from interfering with his peaceful possession and enjoyment of the suit property.

(b) The gist and kernel of the averments in the plaint would run thus:

One Alagammal who had no descendants of her own, allotted orally her immovable properties in favour of her uncle's sons namely, Suriakanthampillai, Chinnaiyapillai, Bangarusamy Pillai,




























































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