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2021 Supreme(Mad) 3412

V.BHAVANI SUBBAROYAN
Malar – Appellant
Versus
Pasupathy (died) – Respondent


Advocates:
Advocate Appeared:
For Appellant : Mr.A.Arumugam
For the Respondent: Mr.G.Gomathi Sankar

JUDGMENT :

This second appeal has been directed against the Judgment and decree, dated 12.07.2010 passed in A.S.No.20 of 2010, by the Additional Sub-Court, Kumbakonam, wherein, the Judgment and decree, dated 20.01.2010, passed in O.S.No.412 of 2005, by the First Additional District Munsif Court, Kumbakonam, are reversed.

2. The appellant herein as plaintiff has instituted a suit in O.S.No.412 of 2005, on the file of the trial Court for the relief of permanent injunction, wherein, the first respondent has been shown as the sole defendant.

3. Pending the second appeal, the first respondent died and his legal heirs were brought on record as appellants 2 to 5.

4. In the plaint, it is averred that the appellant / plaintiff is in possession and enjoyment of the suit property and she has purchased the suit property under a sale deed, dated 25.04.2005 for proper and valid consideration. The suit property was originally owned and possessed by A.R.Ramasamy and the same was under the cultivation of the plaintiff's grandfather Govindasamy Padayachi, as a cultivating tenant. They have entered into a lease agreement, dated 23.05.1953. Till the life time of the plaintiff's grandfather, he was in poss

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