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2017 Supreme(Mad) 782

S.VAIDYANATHAN
Sirajudeen – Appellant
Versus
Sadurudeen – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Sounthar.
For the Respondents: Mr. A. Mohamed Ismail.

JUDGMENT :

The above three Second Appeals arise out of two suits, viz. O.S.No.286 of 2008 and O.S.No.291 of 2008. Since the issue involved in all the three Appeals is one and the same, the Appeals are taken up for disposal by a common judgment.

2. O.S.No.286 of 2008 was filed by the appellant, viz. Sirajuddin seeking permanent injunction and O.S.No.291 of 2008 was filed by the deceased respondent, viz. Sadurudeen for recovery of possession. Both the suits were dismissed by the Principal District Munsif Court, Mayiladuthurai, by a common judgment and decree dated 27.01.2010. Hence, aggrieved by the same, the deceased respondent preferred an appeal in A.S.No.87 of 2010 as against O.S.No.286 of 2008 and also filed A.S.No.8 of 2011 as against O.S.No.291 of 2008. Aggrieved by the finding in O.S.No.286 of 2008, the appellant herein filed an appeal in A.S.No.55 of 2010. All the three appeals were taken up together and disposed of by a common judgment dated 22.09.2011, whereby, the First Appellate Court negatived all the contentions of the appellant herein and held in favour of the deceased respondent/Sadurudeen. Aggrieved by the same, the appellant has come up with the present Second Appeal
































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