N.SATHISH KUMAR
Muthanna Nancy – Appellant
Versus
Rama Devi – Respondent
1. Aggrieved over the concurrent finding of the courts below in the suit filed for Permanent Injunction in O.S.160 of 2008 and Declaration and consequential injunction in O.S.No.66 of 2009, these Second Appeals are filed. Since the Courts below disposed of both the suits in a common judgment and the evidence was recorded in common in both the suits, this Court is inclined to dispose of both the appeals in a common judgment.
2. The brief facts leading to file of these Second Appeals are as follows :
O.S.No.66 of 2009
2.(a) The Plaintiffs are owners of the suit property by virtue of purchase in various sale deeds. They are enjoying the possession in the suit property and cultivating the property. Originally 7th Plaintiff has filed the suit in O.S.No.160 of 2008 against the Defendant No.2 for Permanent Injunction in respect of an extent of 1.19 Acres. the above suit it is contended by the defendants that 1st defendant entered into a sale agreement with 4th defendant father in law of the first Plaintiff in the capacity of power agent. Therefore, the present suit is filed contending that there is no sale agreement dated 21.11.2004 in favour of the defendant. It is stated by the p
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