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2022 Supreme(Mad) 212

R.PONGIAPPAN
Annadurai – Appellant
Versus
Ganesan – Respondent


Advocates Appeared:
For the Appellant : N.A. Nassir Hussain, N.A. Nissar Ahmed.
For the Respondent: M/s. Sasikala Ramadoss.

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 07.04.2011 made in A.S.No.91 of 2010 on the file of the Principal Sub Court, Mayiladuthurai, reversing the judgment and decree dated 22.02.2010 made in O.S.No.373 of 2004 on the file of the learned Principal District Munsif, Mayiladuthurai.)

1. This Second Appeal is focused as against the judgment and decree dated 07.04.2011 passed in A.S.No.91 of 2010 by the learned Principal Subordinate Judge, Mayiladuthurai, reversing the judgment and decree dated 22.02.2010 in O.S.No.373 of 2004 passed by the learned Principal District Munsif, Mayiladuthurai.

2. The suit is for recovery of possession, directing the defendant, to surrender possession of the entire suit properties.

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

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

[i] The suit schedule properties originally belongs to one Dharmalingam, who has died on 26.08.1998. When he was alive, he executed a Will dated 10.08.1998, through which, he bequeathed the entire suit properties

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