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2019 Supreme(Mad) 2884

NISHA BANU
Glory – Appellant
Versus
Murugan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.S.Mani
For the Respondent: Mr.A.Thiruvadikumar

JUDGMENT :

This second appeal has been filed by the appellants/plaintiffs in the suit against the concurrent judgment passed by the Courts below dismissing the suit.

2. For better appreciation and understanding, the parties are referred to as per their in rank in the suit.

3. The plaintiffs had filed the suit in O.S.No.22 of 2007 for the following reliefs;

    (a) declaration that the registered sale deed dated 13.08.2011 executed by the 2nd defendant in favour of the 1st defendant is only a mortgage deed;

(b) declaration that the registered sale deed dated 26.09.2002 executed by the plaintiffs in favour of the 1st defendant is only a mortgage deed;

(c) declaration that the registered sale deed dated 28.07.2006 executed by the 2nd plaintiff is only a mortgage deed;

(d) permanent injunction restraining the 1st defendant from in any manner interfering with the peaceful possession and enjoyment of the schedule property.

4.0. It is the case of the plaintiffs that the suit property was purchased by Poolpandian, who is the husband of the 1st plaintiff and father of the 2nd plaintiff, 2nd defendant and 3rd defendant, through a registered sale deed – Ex.A1 dated 09.08.1983 and after his death in the

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