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2017 Supreme(Mad) 107

T.RAVINDRAN
T. Chandrasekaran – Appellant
Versus
Jayalakshmi Ammal (deceased) – Respondent


Advocates Appeared:
For the Appellant : Mr.S.V.Jayaraman, M/s. T.Dhanasekaran
For the Respondent: Mr. V.Ayyadurai

JUDGMENT :

Challenge in this Second Appeal is made by the plaintiff against the judgment and decree dated 23.12.2010 made in A.S.No.11 of 2010 on the file of the Subordinate Judge, Ginjee, confirming the judgment and decree dated 23.12.2009 made in O.S.No.150 of 2001 on the file of the Additional District Munsif Court, Ginjee.

2. The suit has been laid by the plaintiff for declaration and permanent injunction.

3. The Second Appeal has been admitted and the following substantial question of law is formulated for consideration in this Second Appeal :-

"Whether the courts below have rendered a perverse finding that the settlement deed dated 17.06.1992 (17.07.1996) produced as Ex.A2 was not executed with the intention of conferring title on the plaintiff and that the same was not acted upon and given effect to ? "

4. The suit properties belonged to Appavu Mudaliar. The first defendant is the daughter of Appavu Mudaliar. The plaintiff is the brother's son of Appavu Mudaliar. The case of the parties reveal that the suit properties had been acquired by Appavu Mudaliar ancestrally as well as by sale deeds. In any event, it is found that the suit properties are the properties of Appavu Mudaliar.

















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