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2021 Supreme(Mad) 95

N.SATHISH KUMAR
Appadurai – Appellant
Versus
Saraswathy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M.P. Senthil, Advocate.
For the Respondent:M.C. Swamy, Advocate.

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the decree and judgment in A.S.No.6 of 2011 passed by Additional District Judge, (Fast Track Court) No.1, Thoothukudi, dated 18.06.2011 reversing the decree and judgment in O.S.No.70 of 2006 passed by the District Munsif Sathankulam, dated 25.03.2009.)

1. Aggrieved over the judgment of the first Appellate Court, reversing the findings of the trial Court, the present second appeal is filed.

2. The parties are referred to as per their rank before the trial Court.

3. The brief facts, leading to file this Second Appeal, are as follows:-

    It is the case of the plaintiff that the suit property belonged to the ancestress of the plaintiff and they were in possession and enjoyment from more than 100 years. The father of the plaintiff viz., Thirumal Nadar inherited the same and in peaceful possession and enjoyment of the same till his death. After his death, the property was enjoyed by his wife and his daughters, as legal heirs of the said Thirumal Nadar. Thereafter, in the year 1990, as per the oral partition, the schedule property was allotted to the share of the plaintiff. From that onwards, the p

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