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2023 Supreme(Mad) 2740

A. D. JAGADISH CHANDIRA
Mohan – Appellant
Versus
Rasathi – Respondent


Advocates appeared:
For the Appellants:T.L. Thirumalaisamy, Advocate. For the Respondents:Zenath Begum, Advocate.

Judgement Key Points

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JUDGMENT

(Prayer: Second Appeal filed under Section 100 C.P.C., against the judgment and decree dated 18.01.2021 made in A.S.No.2 of 2019 on the file of the Subordinate Judge, Paramathy, reversing the judgment and decree dated 28.04.2018 made in O.S.No.64 of 2011 on the file of the District Munsif, Paramathy.)

1. Plaintiffs 2 and 3, who succeeded before the Trial Court, but, lost their case before the Appellate Court, are the appellants herein.

2. The second appeal came to be admitted on 18.03.2021 on the following substantial questions of law.

“(i) Whether the Lower Appellate Court is correct in law in brushing aside Exs.A2 to A6 – Revenue records standing in the name of the appellants which would prove the possession and enjoyment of the suit property by the appellants merely on the ground that the appellants have not executed the sale deed and therefore those documents are stands in their name when the respondents have not taken any steps to enforce Ex.B1 unregistered sale agreement and to get the sale deed in their name within the time as stipulated under Ex.B1 unregistered sale agreement or under the law?

(ii) Whether the Lower Appellate Court is c

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