V.BHAVANI SUBBAROYAN
Kalaimani (died) – Appellant
Versus
K. T. Suriyaprakash – Respondent
JUDGMENT :
The concurrent Judgments and decrees passed in O.S.No.66 of 2014 by the Additional Subordinate Court, Dindigul and in A.S.No.3 of 2017, on the file of the Additional District Court, Dindigul, are being challenged in the present Second Appeal.
2. Originally, one Kalaimani as plaintiff has instituted a suit in O.S.No.66 of 2013 on the file of the trial Court for the relief of declaration, permanent injunction and also to declare the sale deed, dated 16.04.2009 of the first respondent herein in respect of the suit property as null and void, wherein, the present respondents have been shown as defendants.
3. For the sake of convenience, the parties are referred to as, as described before the trial Court.
4. The case of the plaintiff is that originally the suit property belonged to one Rajamaniammal, wife of late.S.P.Renganatha Mudaliar. One Sukumaran, who is the son of the said Rajamaniammal, had obtained loan in the second respondent/the Punjab National Bank by depositing the title deed of the suit property as security for the loan. The said fact was not known to the plaintiff. However, without disclosing the said depositing of title on the suit property as a security for the lo
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