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2021 Supreme(Mad) 187

N.SATHISH KUMAR
John – Appellant
Versus
Lourthubai – Respondent


Advocates Appeared:
For the Appellants :C. Kishore for M/s. K. Sreekumaran Nair, Advocates
For the Respondent:J. Anandhavalli, Advocate

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree of the learned Subordinate Judge, Kuzhithurai in A.S.No.153 of 1998, dated 20.11.2003 pursuant to the judgment and decree dated 22.09.1998 in O.S.No.281 of 1992 on the file of the Principal District Munsif, Kuzhithurai).

1. Aggrieved over the concurrent findings of the Courts below, decreeing the suit filed for permanent injunction, the present Second Appeal is filed.

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

3. The brief fact, leading to file this Second Appeal, reads as follows:

The first defendant is the brother of the plaintiff and the second defendant is the wife of the first defendant. The suit property is originally belonged to the mother of the plaintiff viz., Gnanamma. The said Gnanamma executed a sale deed dated 24.11.1983 in favour of the plaintiff. The plaintiff is in possession and enjoyment of the suit schedule property. However, on 20.05.1992, the defendants tried to trespass into the suit schedule property. Hence, the suit.

4. Denying the allegations in the plaint, it is the contention of the defendants in the written statement

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