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2021 Supreme(Mad) 1961

R.N.MANJULA
Subramaniam – Appellant
Versus
Ponnammal – Respondent


Advocates:
Advocate Appeared:
For the Appellants :S. Kaithamalai Kumaran, Advocate.
For the Respondents: R. Ayyadurai, for M/s. P. Muthukumarasamy,

JUDGMENT :

(Prayer: This Second Appeal is filed under Section 100 of Code of Civil Procedure against the judgment and decree of the learned Subordinate Judge, Bhavani in A.S.No.86 of 2004 dated 29.12.2006, confirming the judgment and decree of the learned Principal District Munsif Judge, Bhavani in O.S.No.3 of 2003 dated 06.11.2003.

(Heard through video conferencing)

1. This Second Appeal has been preferred challenging the judgment and decree dated 29.12.2006 passed by the learned Subordinate Judge, Bhavani in A.S.No.86 of 2004.

2. The first and second appellants were the defendants 1 & 2. The respondents were the plaintiff and third defendant. During the pendency of the appeal, the second appellant died and the appellants 3 & 4 were added as legal representatives for the second appellant.

3. The averments made by the parties in brief:-

The plaintiff has purchased the suit property on 09.03.1966 under the registered sale deed and has been in possession and enjoyment of the same. The old survey number for the suit property is S.F.No.447 and it measured an extent of 1 acre 52 cents. In resurvey, the suit properties were given with survey numbers 475/2 and 575/3. On 30.11.1943, the father o

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