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2022 Supreme(Mad) 422

Balasubramaniyam – Appellant
Versus
Paneer Selvam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s. V. Raghavachari.
For the Respondent: Mr. C. Umashankar.

JUDGMENT :

G. CHANDRASEKHARAN, J.

1. This Second Appeal is filed challenging the judgment and decree of learned Additional District and Sessions Judge, Ariyalur, in A.S. No. 76 of 2016 dated 07.12.2018 confirming the judgment and decree of the learned Principal District Munsif, Ariyalur in O.S. No. 225 of 2008 dated 27.09.2012.

2. Appellant/plaintiff filed the suit to declare his right and title to the suit property with the consequential relief of permanent injunction restraining the defendants, their men, servants, agents, police in interfering with the peaceful possession and enjoyment of the suit property. The case of the appellant/plaintiff is that the suit property originally belongs to deceased first defendant Panneer Selvam, through a partition held in his family on 23.12.1998. Appellant/plaintiff purchased the suit property from him on behalf of his son-second defendant on a conditional sale with the condition to repurchase for a good and valuable consideration of Rs. 3,200/- on 18.06.1999 by a sale deed. Second defendant was a minor at the time of the sale. Appellant/plaintiff is in possession and enjoyment of the suit property. Condition of repurchase is that defendants, wi

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