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2020 Supreme(Mad) 1236

G.JAYACHANDRAN
Theniammal – Appellant
Versus
Thenan – Respondent


Advocates Appeared:
For the Appellant :Jagadeesan, Advocate
For the Respondents:J. Prithivi, S. Kaithamalai Kumaran, Advocates

JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 26.08.2008 in A.S.No.6 of 2008 on the file of the Sub Court, Attur, reversing the judgment and decree dated 28.01.2008 in O.S.No.413 of 2009 on the file of the District Munsif Court, Attur.)

(The case has been heard through video conference)

1. The original suit filed for permanent injunction by the appellant herein was allowed by the trial Court, but reversed in the appeal. The second appeal is filed against the reversing judgment of the first appellate Court.

2. The case of the Appellant/plaintiff:

The suit property comprised in S.No.279/5 of Vadakunadu Pacchapolathivalivu Village, Chinnakalvarayan hills. Theertha Gounder was the owner of the suit property. From him, the plaintiff Theniammal, W/o Pictha gounder purchased 2.06 acres of land out of 1.48.5 hactre with specific boundaries, vide the sale deed Ex.A-1 dated 13/08/1984. The sale deed was executed by Theertha Gounder on his behalf and on behalf of his 7 years old minor son Palani. From the date of purchase, the suit property is in possession and enjoyment of the plaintiff. The remaining land in

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