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2022 Supreme(Mad) 3764

S. SOUNTHAR
M. Saravanan – Appellant
Versus
S. Rama Thilagam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s.P.Kaleeswari for M/s.S.Silambanan Associates
For the Respondents: M/s.S.Ramesh for M/s.V.Raghavachari

JUDGMENT :

PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 27.03.1998, passed in A.S.No.31 of 1997 on the file of the Additional District Court cum Chief Judicial Magsitrate, Sivagangai, confirming the judgment and decree, dated 30.06.1994, passed in O.S.No.104 of 1992 on the file of the Sub Court, Devakottai.

The plaintiff in the suit is the appellant herein.

2. The appellant herein had filed O.S.No.104 of 1992 before the Sub Court, Devakottai, for declaration and recovery of possession. The suit was dismissed by the trial Court and the findings of the trial Court was confirmed by the First Appellate Court. Challenging the concurrent findings, the appellant is before this Court.

3. According to the appellant/plaintiff, the suit property which was originally a vacant site belonged to the second respondent herein. The second respondent entered into a sale agreement with his father on 11.06.1991 under Exhibit A3, agreeing to sell the suit property to him for a sale consideration of Rs.16,000/- and also received the entire sale consideration. The second respondent also executed a power deed in favour of the appellant's fat

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