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2022 Supreme(Mad) 3776

D. BHARATHA CHAKRAVARTHY
Renganayaki – Appellant
Versus
K. R. Renganathan Mudaliyar (Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. Vijay Shankar
For the Respondent: Mr. T.R. Rajaraman, Senior Counsel for Mr.V.V.Sairam,

JUDGMENT :

Prayer: Appeal Suit is filed under Section 96 of C.P.C., against the judgment and decree of the Sub-ordinate Judge, Arani, North Arcot District in O.S.No.27 of 1985 dated 29.11.1988.

A. The Appeal Suit :

This Appeal Suit arises out of the common judgment and decree dated 29.11.1988, passed by the Subordinate Judge, Arani in O.S.No.27 of 1985 and O.S.No.20 of 1986.

1.1. O.S.No.27 of 1985 is filed by one K.R.Renganatha Mudaliar against Ranganeyagi and her husband Rajamanicka Gounder, praying that the defendants should handover the possession of the suit schedule properties to the plaintiff. O.S.No.20 of 1986 is filed by Ranganeyagi Ammal against the said K.R.Renganatha Mudaliar, to declare the sale deed dated 19.05.1983 as null and void and for a permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. For the sake of convenience, the parties namely, Ranganeyagi, is referred to in this judgment as “the Vendor” and K.R.Renganatha Mudaliar as “the Purchaser”.

1.2. The case of the parties in their plaint in their respective suits and in the written statement in the counter suit is identical. Since

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