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2018 Supreme(Mad) 2430

T.RAVINDRAN
Kuppusamy (Deceased) – Appellant
Versus
Pandu Konar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.A.Thiagarajan Senior Counsel for M/s. S.Ramesh kumar

JUDGMENT :

1. In this second appeal, challenge is made to the judgment and decree dated 29.08.2001, passed in A.S.No.127/2000, on the file of the Principal District Court, Villupuram, modifying the judgment and decree dated 18.08.2000 passed in O.S. No.813/95, on the file of the II Additional District Munsif, Ulundurpet.

2. The second appeal has been admitted on the following substantial questions of law:

1. Whether on the facts and circumstances of the case, the first appellate Court was right in allowing the Appeal granting the reliefs in favour of the respondent in respect of item Nos.1 to 7 and 1.39 cents in Item No.8 without there being any evidence on record?

2. Whether the judgment and decree of the first appellate Court in granting the above said reliefs in favour of the respondent is based on proper appreciation of the evidence on record?

3. The suit has been laid by the respondent/plaintiff for the reliefs of declaration and permanent injunction.

4. In support of the plaintiff's case PWs 1 and 2 were examined, Exs.A1 to A23 were marked. On the side of the defendants DWs 1 to 8 were examined, Exs.B1 to B56 were marked.

5. On a consideration of the oral and documentary evidence ad






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