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2022 Supreme(Mad) 335

R.VIJAYAKUMAR
P. Appasamy – Appellant
Versus
State of Tamil Nadu, Represented by its District Collector, Tuticorin – Respondent


Advocates:
Advocate Appeared:
For the Appellants :S. Kumar, Advocate.
For the Respondents:M. Muthugeethayan, G. Sivaraj, Government Advocate.

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree passed in A.S.No.32 of 2017 dated 14.09.2018 on the file of the Sub Court, Trichendur confirming the judgment and decree passed in O.S.No.1192 of 1995 dated 23.03.2010 on the file of the Additional District Munsif Court, Trichendur.)

1. The plaintiffs are the appellants.

2. The plaintiffs filed O.S.1192 of 1995 before the Additional District Munsif Court, Trichendur for declaration of title over the suit schedule property and for consequential injunction restraining the third defendant from disturbing the possession of the plaintiffs of the second schedule property. They further prayed for mandatory injunction for grant of manaivari patta for the entire first schedule property. The suit was dismissed by the trial Court. The plaintiffs filed A.S.No.32 of 2017 before the Sub Court, Trichendur. The learned appellate Judge on independent assessment of the oral and documentary evidence, dismissed the appeal. As against the concurrent findings, the plaintiffs have filed the above second appeal.

3. The plaintiffs had contended that the suit schedule properties were originally owned by one Ra

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