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2023 Supreme(Mad) 763

ABDUL QUDDHOSE
Pon Esakki – Appellant
Versus
Muthulakshmi – Respondent


Advocates appeared:
For the Appellant:I. Robert Chandrakumar, Advocate. For the Respondents:R1, R. Maheswaran, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of CPC to set aside the Judgment and Decree dated 09.04.2019 passed in A.S.No.77 of 2014 on the file of Honourable Sub Court, Thoothukudi confirming the Judgment and decree dated 05.06.2014 passed in O.S.No.20 of 2010 on the file of the Honourable District Munsif Court, Thoothukudi.)

This Second Appeal has been filed challenging the concurrent findings of the Courts below. The second defendant in the suit in O.S.No.20 of 2010 on the file of the Principal District Munsif Court, Thoothukudi is the appellant herein. The first respondent is the plaintiff and the second respondent is the first defendant in the said suit. The suit was filed for declaration that the first respondent/plaintiff is the absolute owner of the suit schedule property and also for recovery of possession.

2. The first respondent/plaintiff claimed ownership of the suit schedule property by virtue of a sale deed dated 31.07.1988 marked as Ex.A1 before the Trial Court. The plaintiff and her husband Muniyasamy had a strained relationship. According to the plaintiff, though Muniyasamy, her husband is not the owner of the suit schedule property, he had executed a p

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