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2022 Supreme(Mad) 3827

T. V. THAMILSELVI
K. Ramasamy S/o Sengoda Gounder – Appellant
Versus
Asst. Commissioner, Commercial Tax, Erode – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.R.L. Sundaresan, R. Prabakar.
For the Respondent: S. Suriya.

JUDGMENT :

T.V. THAMILSELVI, J.

Prayer: Second Appeal filed under Section 100 of Code of Civil Procedure, to set aside the judgment and decree dated 10.12.2012 made in A.S.No. 98 of 2012 on the file of Principal District Judge at Erode confirming the judgment and decree dated 03.07.2012 made in O.S.No. 227 of 2010 on the file of Principal Subordinate Judge, Erode.

1. The appellants herein are the plaintiffs in the suit in O.S.No. 227 of 2010 on the file of Principal Subordinate Judge, Erode filed against the respondent/defendant for the relief of declaration and other consequential relief of permanent injunction restraining the defendant from bringing the suit property for sale.

2. For the sake of convenience, the parties are referred as per the ranking in the suit.

3. The contention of plaintiffs is that the suit property, an extent of 2878.5 sq.ft. along with building situated in Old S.F. No. 92/A, New S.F.No. 92/2 in Erode Town is originally belonged to one K.Muthusami as his self-acquired property. The said Muthusami has two sons viz., Loganathan and Kumar and two daughters viz., Manjula and Thulasimani. On 30.12.2002 under a registered settlement deed, the said Muthusami settled th

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