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2019 Supreme(Mad) 2684

N.SATHISH KUMAR
Sivakumar – Appellant
Versus
Arasu Rathinam – Respondent


Advocate Appeared:
For the Appellants :R. Nandakumar, B. Prahalad Ravi, Advocates.
For the Respondents:M.S. Balasubramania Iyer, Advocate

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree of the learned Additional District Judge-cum-Chief Judicial Magistrate, Sivaganga, dated 11.06.2002 in A.S.No.89 of 2001, reversing the judgment and decree of the learned Subordinate Judge, Sivaganga, dated 20.06.2001 in O.S.No.69 of 1998.)

1. Aggrieved over the judgment of the first Appellate Court, reversing the finding of the Trial Court, the present Second Appeal is filed.

2. The suit has been filed for declaration and for recovery of possession and also for mesne profits.

3. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

4. The facts leading to the filing of the suit are as follows:

One Saradhambal was entitled to the suit property by virtue of the judgment and decree in O.S.No.78 of 1972. The plaintiff has purchased the property from Saradhambal on 21.02.1981 under Ex.A.6 for a consideration of Rs.46,000/-. Before that, Saradhambal said to have executed a settlement deed dated 09.01.1979 in respect of the suit property to one Subbulakshmi alias Pappa (second defendant). The first defendant said to hav

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