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2014 Supreme(Mad) 2099

T.MATHIVANAN
N. Kaliamoorthy – Appellant
Versus
Vairavan Chettiar – Respondent


Advocate Appeared:
For the Appellants:S.V. Jayaraman for T. Subramanian, Advocates.
For the Respondent:G.R.M. Palaniappan, Advocate.

Judgment

1. This memorandum of second appeal has been directed against the judgment and decree, dated 14.9.1998 and made in A.S.No.69 of 1999 on the file of the learned Subordinate Judge, Mayiladuthurai reversing the judgment and decree, dated 27.2.1998 and made in O.S.No.57 of 1985 on the file of the learned District Munsif, Sirkali.

2. The appellant herein is the defendant in the suit, whereas the respondent is the plaintiff.

3. During the pendency of the second appeal, the appellant had passed away. Therefore, the appellants 2 to 4 have been brought on record as the legal representatives of the deceased appellant in view of the order of this Court, dated 29.11.2011 and made in C.M.P.Nos.732 to 735 of 2011.

4. For easy reference and also for the sake of convenience, the respondent may hereinafter be referred to as the plaintiff, whereas the appellant be referred to as the defendant, wherever the context so require.

5. The facts which are absolutely necessary for the disposal of the second appeal are as under:-

a. The suit property is situated in Erukkur Village, Sirkali Taluk.

b. According to the plaintiff, he had got the suit property through his grandfather under a registered se















































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