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2021 Supreme(Mad) 3405

S.KANNAMMAL
TALCO represented by its Principal Officer – Appellant
Versus
A. Malaisamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.A.Palaniappan
For the Respondent: Mr.V.Raghavachari, for Mrs.V.Srimathi

JUDGMENT :

This Second Appeal is preferred against the judgment and decree, dated 22.06.2016, passed in A.S.No.21/2007 on the file of IV Additional District Judge, Tiruvallur at Ponneri, reversing the judgment and decree, dated 11.10.2007, in O.S.No.170/2004 passed by the District Munsif-cum-Judicial Magistrate, Tiruvotriyur. First defendant is the appellant herein.

2. The case of the plaintiffs before the trial Court in a nutshell is as follows:

2.1. The plaintiffs, who have been struck off by the lower appellate Court, are the original plaintiffs. The original plaintiffs filed the suit in O.S.No.170/2004 on the file of the District Munsif cum Judicial Magistrate, Tiruvotriyur, for declaration and permanent injunction. It is the case of the plaintiffs that the suit property in S.No.1088/2A1 in T.S.No.11, to an extent of 0.45.5 hectares and S.No.1088/2A3 in T.S.No.10 to an extent of 0.15.5 originally belong to the first plaintiff. Patta, chitta and adangal stand in the name of the plaintiff. Subsequently, the suit schedule property has been settled in favour of the second plaintiff through a settlement deed dated 30.12.2003. Since then, the plaintiffs were in peaceful possession and e

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