G. Venkatesan vs G. Palani - 2022 Supreme(Mad) 1147

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 1147

N. ANAND VENKATESH
G. Venkatesan – Appellant
Versus
G. Palani – Respondent

Advocates appeared:
For the Appellants:C. Uma Shankar, Advocate. For the Respondents:T. Viswanatha Rao, Advocate.

JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the judgment and decree dated 11.11.2011 passed in A.S.No.217 of 2010 by III Additional Judge, City Civil Court, Chennai and reversing the judgment and decree dated 04.01.2010 in O.S.No.7893 of 2008 on the file of the II Assistant Judge, City Civil Court, Chennai.)

1. The 1st and 2nd defendants are the appellants in this Second Appeal. The 2nd defendant died during the pendency of the Second Appeal and hence, her daughters have been impleaded as appellants 3 to 5.

2. The 1st respondent/plaintiff is the son of the 2nd defendant and is the brother of the 1st defendant. He filed a suit seeking for the relief of declaration to declare the deed of cancellation dated 21.08.2007 (Ex.A-4) executed by the 2nd defendant as null and void and for declaration of title to the “A” schedule property and for a direction to the defendants to vacate the “B”schedule property.

3. The case of the plaintiff is that the “A” schedule property was allotted in the name of his father by the Slum Clearance Board and afterhis death, the plaintiff got the allotment transferred in the name of his mother who is the 2nd defen

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