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2022 Supreme(Mad) 1313

G. JAYACHANDRAN
F. Mohamed Salam – Appellant
Versus
Mohammed Syed Umma – Respondent


Advocates appeared:
For the Appellants:B. Srinivasan, Advocate. For the Respondent:R. Thirumoorthy, Advocate.

JUDGMENT

(Prayer: Appeal Suit has been filed under Section 96 Code of Civil Procedure, 1908, praying to set aside the decree and judgment dated 25.08.2015 in O.S.No.7860 of 2010 passed by the XI Additional City Civil Court, Chennai and allow this appeal with costs.)

The Appeal Suit was dismissed on 02.11.2021 for non-prosecution and the Learned Counsel for the appellants have taken out an application in C.M.P.No.43 of 2022, to restore the appeal suit in A.S.No.612 of 2016 and same is allowed by this Court on 23.02.2022. Hence, the Appeal Suit is restored.

2. The appellants herein are the defendants 1 and 2 before the Trial Court. Aggrieved by the judgment and decree passed by the Trial Court, this appeal is filed.

3. The plaint averments are as under:

The plaintiff is a resident of Keelakarai, Ramanadapuram District. She is an illiterate woman. The suit property at Chennai was purchased in the name of the plaintiff by her husband, who was working in Gulf. The building in the suit land was renovated in the year 2003 and let out for rent as several portions to different families, retaining one room for her personal use when she visit Chennai.

4. At the time of renovation to meet out the co

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