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2020 Supreme(Mad) 981

N.SATHISH KUMAR
Kasturi Rengan – Appellant
Versus
Kaayambu (died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.K. Vijayaraghavan.
For the Respondent: K. Vaithialingam.

JUDGMENT :

N. SATHISH KUMAR, J.

Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree made in A.S. No. 138 of 1992 on the file of the District Court, Thanjavur, dated 24.08.1993, confirming the judgment and decree of the Sub Court, Thanjavur, passed in O.S. No. 165 of 1988, dated 28.01.1992.

1. Aggrieved over the concurrent finding of the Courts below, decreeing the suit for declaration and permanent injunction, the present Second Appeal came to be filed.

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

3. The brief facts of the plaintiff's case are as follows:

    The suit property originally belonged to Hariyal Field Labourers Co-operative Society. Item No. 1 of the suit property was allotted in favour of the father of the plaintiff one Murugan S/o Koothan, who was a member in the Society. Similarly, Item Nos. 2 and 3 of the suit property were allotted in favour of the plaintiff. The Society also executed a deed of conveyance in favour of the respective parties. The plaintiff was originally born in Ceylon, when his father was working there as Estate Labourer. The plaint

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