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2022 Supreme(Mad) 2593

C. V. KARTHIKEYAN
Janaki Ammal alias Pattammal – Appellant
Versus
Premchand (Died) – Respondent


Advocates appeared:
For the Appellants:K. Chandrasekaran, Advocate. For the Respondent: R2, No Appearance, R4 to R7, M. Rajan, R8 to R12, K. Venkatasubban, Amicus Curiae.

JUDGMENT

(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree made in A.S.No. 66 of 97 dated 31.03.1999 by the learned Principal Subordinate Judge, Chengalpattu reversing the Judgment and Decree made in O.S.No. 81 of 1996 dated 11.07.1997 by the learned District Munsif Court, Chengalpattu.)

1. The 1st, 4th, 6th to 11th defendants in O.S. No. 81 of 1996 on the file of the District Munsif Court, Chenglapet (originally O.S. No. 47 of 1987 on the file of Sub Court, Chengalpet) are the appellants.

2. The suit in O.S. No. 47 of 1987, subsequently on transfer to the District Munsif Court, renumbered as O.S. No. 81 of 1996 had been filed R. Premchand, the 1st respondent who died pending the second appeal, seeking specific performance of an agreement dated 30.09.1985, alleged to have been entered into with him by Govindaraja Naicker with respect to the suit schedule punja lands at Puducheri Village hamlet of Kattur Village, Guduvanchery, Chengalpet. The defendants in the suit were the legal heirs of Govindaraja Naicker. The 2nd defendant remained exparte. During the pendency of the suit, the 3rd defendant died and his legal representat

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