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2022 Supreme(Mad) 309

R.VIJAYAKUMAR
Pitchammal @ Arumughathammal (died) – Appellant
Versus
Meenatchiammal – Respondent


Advocates:
Advocate Appeared:
For the Appellants :A. Arumugam, Advocate.

JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree in A.S.No.11 of 1992 on the file of the Sub Court, Ambasamudram dated 21.12.1999 reversing the judgment and decree in O.S.No. 366 of 1978 on the file of the Principal District Munsif Court, Ambasamudram dated 12.03.1986.

1. The plaintiff is the appellant.

2. The plaintiff filed O.S.No.366 of 1978 before the Principal District Munsif Court, Ambasamudram for declaration of title and permanent injunction over the second item of the suit schedule property. The suit was decreed in entirety by the trial Court. The defendant filed A.S.No.11 of 1992 before the Sub Court, Ambasamudram. The learned Subordinate Judge confirmed the judgment and decree of the trial Court with regard to the first item, but reversed the judgment and decree of the trial Court with regard to the second item of the suit schedule properties. As against the same, the plaintiff has filed the present second appeal.

3. The contention of the plaintiff as regards the second schedule property is as follows:

4. The plaintiff's husband Sorimuthu Pillai had passed away on 20.07.1941. At that point of time, the plaintiff's son Nalla

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