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2021 Supreme(Mad) 1440

N.SATHISH KUMAR
R. Sarojini – Appellant
Versus
Dharmarajan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.R.L. Sundaresan for A.L. Gandhimathi.
For the Respondents: N. Krishnaveni, P. Thiagarajan, V. Nagarajan for A. Pushpanathan.

JUDGMENT :

N. SATHISH KUMAR, J.

1. Aggrieved over the findings of the First Appellate Court reversing the decree and judgment passed by the trial Court decreeing the suit filed for specific performance, the present appeals have been filed.

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

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

    (i) In O.S. No. 453 of 2006, it is the case of the plaintiff that larger extent of the land measuring to an extent of 7.83 cents in S.F. No. 360, Gundur Village, Trichy District shown as 'A' Schedule property belongs to one Venkatachalam Chettiar. After his demise his wife executed a settlement deed in favour of one Mariayayee Ammal. The said Mariayayee Ammal executed a registered sale deed bequeathing the 'A' schedule property to the first defendant, her grandson. The first defendant has executed a gift deed in favour of his sisters namely, the first defendant in O.S. No. 454 of 2006 and the first defendant in O.S. No. 458 of 2006 for an extant of 4.50 acres and the remaining area namely, 3.33 cents were retained by the first defendant, which is shown as 'B' sch

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