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2014 Supreme(Mad) 1789

M.DURAISWAMY
G. Arumugham – Appellant
Versus
M. Rajasekaran – Respondent


Advocates Appeared:
For the Appellant:S.V. Jayaraman, Senior Counsel for P. Gopiraja, Advocate.
For the Respondents:R1, T.R. Rajagopalan, Senior Counsel for M. Rajaraman, Advocate, R2 to R7, No appearance.

Judgment :

1. The above Second Appeal arises against the judgment and decree passed in A.S.No.190 of 2011 on the file of the V Additional City Civil Court, Chennai, reversing the judgment and decree in O.S.No.8400 of 2008 on the file of the XII Assistant City Civil Court, Chennai.

2. The plaintiff is the appellant and the respondents were the defendants in the suit. The plaintiff filed the suit in O.S.No.8400 of 2008 to declare the Cancellation Deed dated 04.11.2008 cancelling the Settlement Deed dated 10.05.2008 in favour of the plaintiff as not binding on the plaintiff, to declare the Sale Deed dated 10.11.2008 executed by the defendants 1 to 6 in favour of the seventh defendant as null and void and not binding on the plaintiff and for permanent injunction.

3. The brief case of the plaintiff is as follows:

(i) According to the plaintiff, the suit property originally belonged to the first defendant, who purchased the property on 08.08.2001. The same was registered on 24.10.2001 by the Tamil Nadu Slum Clearance Board. The first defendant, out of love and affection, executed a Settlement Deed in favour of the plaintiff on 10.05.2008 and on the same day, the first defendant handed ov











































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