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2018 Supreme(Mad) 1893

T.RAVINDRAN
P. Subramaniya Reddy (Died) – Appellant
Versus
Sumathi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M/s. N. Maninarayanan
For the Respondent: M/s. G. Thiagarajan

JUDGMENT :

In this Second Appeal, challenge is made to the judgment and decree dated 09.12.2002 passed in A.S. No. 124 of 2001 on the file of the Additional District Judge, Fast Track Court No.V, Thiruvallur reversing the judgment and decree dated 30.04.1999 passed in O.S. No. 780 of 1990 on the file of the District Munsif Court, Thiruthani.

2. The Second Appeal has been admitted on the following substantial questions of law:

(i) Is the Lower Appellate Court correct and justified in holding that the plaintiffs' suit is not maintainable in spite of its finding that originally property belonged to Munuswamy through whom plaintiffs claim title?

(ii) Having held that the property originally belonged to Munuswamy is the Lower Appellate court correct and justified in reversing the decision of the Trial Court and holding that defendant's 1 to 3 have right to assign?

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is not necessary to dwell into the facts of the case in detail.

4. Suffice to state that the plaintiffs had laid the suit against the defendants for the relief of permanent injunction on the footing that th










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