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2022 Supreme(Mad) 185

R.PONGIAPPAN
Ramachandran – Appellant
Versus
Ganesan – Respondent


Advocates Appeared:
For the Appellant :U. Karunakaran, Advocate.
For the Respondent:A. Muthukumar, Advocate.

JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 11.04.2011 made in A.S.No.60 of 2009 on the file of the learned Sub Judge, Mannargudi, confirming the judgment and decree dated 26.06.2009 made in O.S.No.80 of 2002 on the file of the learned District Munsif, Thiruthuraipoondi.

1. This appeal is focused as against the judgment and decree dated 11.04.2011 passed in A.S.No.60 of 2009 by the learned Subordinate Judge, Mannargudi, confirming the judgment and decree dated 26.06.2009 passed in O.S.No.80 of 2002 by the learned District Munsif, Thiruthuraipoondi. The suit is for the recovery of possession.

2. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court.

3. The laconic averments made in the plaint, are as follows:

    [i] The property in Survey No.999/9 of Keelathondiakadu Village measuring an extent of 1 acre 89 cents, originally belongs to one Sivashankarathachi, wife of Vairappathevar. On 13.03.1966, the said Sivashankarathachi sold an extent of 17 cents in favour of Natesa Pillai, who is the father of the defendant. In the said Sale Deed, 4 b

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