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2022 Supreme(Mad) 3284

P. T. ASHA
S. Umadevi – Appellant
Versus
State of Tamilnadu, Represented by the District Collector, Tiruppur – Respondent


Advocates appeared:
For the Appellants:Muruganantham, K. Sudhakar, Advocates. For the Respondents:R1 to R3, Dr. S. Suriya, Additional Government Pleader, R4, K. Suresh, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree dated 29.10.2018 made in A.S.No.44 of 2017 on the file of Sub Court, Kangeyam and confirming decree and judgment dated 01.04.2016 in O.S.No.175 of 2012 on the file of the District Munsif, Kangeyam.)

1. The un-successful plaintiff before the Courts below has filed the above second appeal, which has been admitted by this Court on 07.02.2020 on the following substantial questions of law:

a) Whether the Courts below are right in dismissing the suit for declaration and permanent injunction against the respondents / defendants in spite of the fact that appellant / plaintiff has proved her case by letting oral and documentary evidence?

b) Whether the Courts below are right in disbelieving sale deed dated 20.01.2012(A) and appellant being the bona fide purchaser?

2. In order to answer the above substantial questions of law, it is necessary to allude to the facts of the case and by doing so, the parties are referred to in the same litigative status as before the trial Court.

3. The plaintiff had filed a suit O.S.No.175 of 2012 for declaration and permanent injunction in respect of the prope

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