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2021 Supreme(Mad) 1536

T.RAVINDRAN
L. A. T. Selvaraj – Appellant
Versus
Rajalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Ramamoorthy for S. Thirumavalan
For the Respondent: S. Mukunth for Sarvabhauman Associates

JUDGMENT :

T. Ravindran, J.

1. The second appeal Nos. 85 & 86 of 2009 are directed against the common judgment and decree passed in A.S. Nos. 98 of 2006 & 34 of 2006 on the file of the Subordinate Court, Chidambaram, reversing the Judgment and Decree dated 20.10.2005 passed in O.S. Nos. 69 of 2002 & 581 of 2000 on the file of the District Munsif Court, Kattumannarkovil.

2. Second appeal No. 85 of 2009 has been admitted on the following substantial questions of law:

    "1. Whether the lower appellate Court's judgment is not vitiated as one based on no evidence and for presuming title of respondents 1 & 2 to the suit property in the absence of any legally acceptable documentary evidence and merely based on the plea of oral purchase contrary to the provision of the Transfer of Property Act?

2. Is not the judgment of the lower appellate Court vitiated for perverse appreciation of the evidence?

3. Is not the suit of the respondents 1 & 2 liable to be dismissed as bad for non joinder of necessary and proper parties?

4. Whether the judgment and decree of the lower appellate Court are not liable to be set aside for its finding that the respondents 1 and 2 had perfected title by adverse possession in

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