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2021 Supreme(Mad) 3540

V.BHAVANI SUBBAROYAN
Kathiresan – Appellant
Versus
M. Malairaj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Siva Thilakar.

JUDGMENT :

This second appeal has been filed to set aside Judgment and Decree dated 12.03.2020 made in A.S.No.13 of 2016 on the file of Sub Court, Paramakudi confirming the Judgment and Decree dated 19.03.2014 made in O.S.No.124 of 2012 on the file of District Munsif Court, Paramakudi.

2. The appellants/plaintiffs had instituted a suit in O.S.No.124 of 2012 on the file of the District Munsif Court, Paramakudi to declare the suit property is belonged to the plaintiffs and consequently declaring the sale deed dated 31.07.2006 executed by the first defendant in favour of the second defendant is null and void and to grant permanent injunction against the defendants restraining them from interfering possession and enjoyment of the plaintiffs in the suit property.

3. It is the case of the appellants/plaintiffs that the suit property was originally belonged to plaintiffs' father namely T.P.Muthu enjoying it as his ancestral properties and he died on 14.08.1996. After the demise of the plaintiffs' father, the plaintiffs are enjoying the property jointly. The suit property comes under the survey No.269-3 for an extent of 0.48.5 acres which comprised in patta No.614. Now the plaintiffs are havi

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