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2022 Supreme(Mad) 60

R.VIJAYAKUMAR
Karuthammal – Appellant
Versus
Sivanammal – Respondent


Advocates Appeared:
For the Appellant :B. Saravanan, R. Subramanian, Advocates.
For the Respondent:AN. Ramanathan, Pala.Ramasamy, Advocates.

JUDGMENT :

Prayer : Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree dated 30.07.2004 in A.S.No.176 of 2002 on the file of the Principal Sub Court, Madurai reversing the judgment and decree dated 19.10.2001 in O.S.No.140 of 1998 on the file of the District Munsif Court, Tirumangalam.

1. The defendant is the appellant herein.

2. The plaintiff filed O.S.No.140 of 1998 before the District Munsif Court, Tirumangalam for declaration of title and permanent injunction. The trial Court partly decreed the suit. As against the same, the plaintiff filed an appeal. The First Appellate Court reversed the judgment and decree of the trial Court and decreed the suit in entirety. As against the same, the present second appeal has been filed by the defendant.

3. The plaintiff had contended that the suit schedule property having an extent of 2.32 acres in Suvey No.25/1A2 belongs to the family of the plaintiff absolutely. According to the plaintiff, it was originally enjoyed by her father and thereafter, she is in possession and enjoyment of the same. The plaintiff further contended that she was granted patta in the year 1977 and again in the year 1988 during UDR proceedi

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