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2016 Supreme(Mad) 2943

S.S.SUNDAR
Kumaresan – Appellant
Versus
A. Kasi – Respondent


Advocates Appeared:
For the Appellant : Mr. SP. Kannan.

JUDGMENT :

The first defendant in the suit in O.S.No.62 of 2010 on the file of the District Munsif Court, Sivagangai, is the appellant in the above Second Appeal.

2. The respondent in this appeal filed a suit in O.S.No.62 of 2010 for declaration of title and injunction in respect of the suit property measuring an extent of 45 and s cents in Survey No.157/2 in Azhagichipatti Village, Sivagangai Taluk and Sivagangai District. The respondent has also prayed for setting aside the Judgment and Decree in O.S.No.213 of 2008 on the file of the District Munsif Court, Sivagangai obtained by the first defendant against the second defendant.

3. Brief facts set out in the plaint filed by the respondent in this case are as follows:-

The suit property originally belonged to one Muthukaruppan Chettiyar and the revenue records, namely, S.L.R indicated the fact regarding the ownership of the suit property by Muthukaruppan Chettiyar. Patta was also issued to him. After the death of Muthukaruppan Chettiyar, the suit property belonged to his son Annamalai Chettiyar and after the death of Annamalai, the suit property belonged to his adopted son Sathya Seelan. The revenue records were also mutated in favour































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