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2022 Supreme(Mad) 61

R.VIJAYAKUMAR
Constance Rani – Appellant
Versus
Krishnaraj @ Natarajan (died) – Respondent


Advocates Appeared:
For the Appellant :P. Thiyagarajan, Advocate.
For the Respondents:K.P. Narayanakumar, Advocate.

JUDGMENT :

Prayer : Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree dated 28.08.2002 made in A.S.No.127 of 2000 on the file of Subordinate Judge, Padmanabhapuram, confirming the judgment and decree dated 19.09.2001 made in O.S.No.442 of 1996 on the file of the Additional District Munsif, Padmanabhapuram.

1. The plaintiff is the appellant herein.

2. The plaintiff filed O.S.No.442 of 1996 before the Additional District Munsif Court, Padmanabhapuram for the relief of declaration of title and possession over 'A' schedule property and declaration of title and recovery of possession over 'B' schedule property. The suit was dismissed. As against the same, the plaintiff filed A.S.No.127 of 2000 before the Subordinate Court, Padmanabhapuram. The said first appeal was also dismissed. As against which, the present second appeal has been filed.

3. It is the case of the plaintiff that the suit schedule property was originally owned by her father namely Muthaian Nadar who passed away on 27.10.1995 and her mother had also passed away on 04.11.1995 leaving behind the plaintiff as the sole legal heir. The plaintiff further contended that while her father was alive, he

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