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2021 Supreme(Mad) 2986

N.SATHISH KUMAR
P. Chidambaram – Appellant
Versus
Chelliah @ Sandhiveeran Chettiar(died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.G.Sridharan
For the Respondent: Mr.M.S.Balasubramania Iyer

JUDGMENT :

1. Aggrieved over the judgment of the first Appellate Court, reversing the findings of the trial Court, the present second appeal is filed.

2. The parties are referred to as per their rank before the trial Court.

3. The brief facts, leading to file this Second Appeal, are as follows:-

It is the case of the plaintiff that the suit property shown as L1, L2, L7, L8 and F1 and G is in possession and enjoyment of the plaintiff and the second defendant. Originally the suit property and the north eastern side property was owned by one Subramania Pillai and he has mortgaged the said properties to one, Paripooranam Chettiar, who is the father of the plaintiffs, in the year 1951 under Ex.A1, dated 09.11.1951. Thereafter, the mortgaged properties were sold to the mortgagee, Paripooranam Chettiar, through sale deed Ex.A2 dated 22.05.1958. Though the sale deed indicated that the entire mortgaged properties were sold to the plaintiffs' father, Paripooranam Chettiar, however, the suit property was not included in the sale deed due to oversight. Since the dispute arose between them the said Paripooranam Chettiar filed O.S.No.49 of 1963 for declaration. In the above suit, a compromise decree

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