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2021 Supreme(Mad) 1348

ABDUL QUDDHOSE
Kottucherry Commune Panchayat, Rep. by its Municipal Commissioner – Appellant
Versus
Arokiyaaswamy – Respondent


Advocate Appeared:
For the Appellant:Amritha Sarayoo for M/s. J. Srinivasa Mohan, Advocates.
For the Respondent:J. Ram, Advocate.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree of the Principal District Munsif, A.S. No.55/2004, dated 19.09.2006 confirming the judgment and decree of the Principal District Munsif, Karaikal in O.S. No.205 of 2002, dated 13.08.2004.)

(Heard Video Conference)

1. This Second Appeal has been filed challenging the concurrent findings of the Courts below.

2. The appellant is the defendant in the suit O.S. No.205 of 2002 on the file of the Principal District Munsif at Karaikal and the respondent is the plaintiff.

3. Henceforth, the respective parties are described as per their litigative status in the suit.

4. The plaintiff filed the suit against the defendant for permanent injunction restraining them from interfering with his possession and enjoyment of the suit schedule property.

5. According to the plaintiff, he is in possession of the suit schedule property measuring 220 kuzhies, pursuant to a written agreement of sale for one half of the property and an oral agreement of sale for the other half of the property.

6. According to the plaintiff under a partition deed of the year 1896, Ramu Pillai was allotted 110 kuzhies; Rama

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