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2021 Supreme(Mad) 136

G.JAYACHANDRAN
V. Bhavani – Appellant
Versus
R. Munusamy – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T.P. Manokaran, K.P. Jotheeswaran.
For the Respondent: Prakash Adiapadam.

JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: First Appeal has been filed under Section 96 of Civil Procedure Code read with under Order 41 Rule 1 of Civil Procedure Code, against the judgment and decree dated 29.04.2017 made in O.S. No. 154 of 2012 on the file of the Court of the III Additional District Judge, Puducherry.

The case has been heard through video conferencing.

1. The Appeal Suit is directed against the judgment and decree of the III Additional District Judge, Pondicherry, passed in O.S. No. 154 of 2012, declaring the plaintiff is the absolute owner of “B” schedule property to an extent of 127.50 sq. ft. shown as ‘ABEC’ in Ex.C.4 and direction to the appellant herein to handover the possession of the said portion to the plaintiff/respondent, after demolishing, removing the illegal and unauthorised construction put up in the said disputed area.

2. The averments in the plaint is that the plaintiff/Mr. K. Munusamy being the absolute owner of the “A” schedule property to an extent of 3 Kuzhies and 2 Veesams through sale-deed dated 06.10.1987, purchased from one John Christopher. He is in possession and enjoyment without interruption. The defendant/Smt. V. Bhavani on 30.10.2009 purchas

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