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2022 Supreme(Mad) 831

R.THARANI
S. Raj – Appellant
Versus
S. Gopalakrishnan (Died) – Respondent


Advocates Appeared:
For the Appellant : M.P. Senthil.
For the Respondents: T. Selvan.

JUDGMENT :

(Prayer: This Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree, passed in A.S.No.11 of 2015 on the file of the Principal District Court, Tirunelveli, dated 14.12.2015, modifying the judgment and decree passed in O.S.No.16 of 2012 on the file of the Additional Sub Court, Tirunelveli, dated 25.09.2014.)

1. This Second Appeal has been filed against the judgment and decree, passed in A.S.No.11 of 2015 on the file of the Principal District Court, Tirunelveli, dated 14.12.2015, modifying the judgment and decree passed in O.S.No.16 of 2012 on the file of the Additional Sub Court, Tirunelveli, dated 25.09.2014. The appellant herein is the defendant, the first respondent herein is the plaintiff in the original suit. The respondents 2 to 4 herein are the LRs of the first respondent / plaintiff.

2. Brief substance of the plaint, in O.S.No.16 of 2012 is as follows:

The suit property belonged to the defendant through a sale deed, dated 12.02.2010. After the purchase, the defendant constructed a building in the suit property. On 24.01.2011, the plaintiff and the defendant entered into a sale agreement. The sale consideration was fixed as Rs.5,

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