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2022 Supreme(Mad) 348

Ram Monohar (Died) – Appellant
Versus
S. Rajakani Ammal – Respondent


Advocate Appeared:
For the Appellant :M. Ajmal Khan, Senior Counsel for M/s. Ajmal Associates, Advocates.
For the Respondent:S. Kadarkarai, Advocate.

JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree, dated 30.06.2003 made in A.S. No. 61 of 2000 on the file of the Principal District Judge, Tuticorin, confirming the judgment and decree, dated 10.02.2000 made in O.S.No.17 of 1998 on the file of Principal District Munsif, Tuticorin.)

1. The defendants are the appellants herein.

2. The plaintiffs filed O.S.No.17 of 1998 before the Principal District Munsif, Tuticorin, for declaration of title and consequential permanent injunction. The plaintiffs have shown 1.48 acres in Survey No.154/1A in Agaram Village as first schedule property and another extent of 74 cents in the same survey number as second schedule property. The suit was decreed by the trial Court. The defendants filed A.S.No.61 of 2000 before the Principal District Court, Tuticorin. The learned District Judge was pleased to dismiss the appeal. As against the concurrent findings, the defendants have filed the above Second Appeal.

3. The plaintiffs have contended that the suit first schedule property is the ancestral property of one Sudalaimani Nadar who is the husband of the first plaintiff and father of plainti

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