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2024 Supreme(Mad) 248

RMT. TEEKAA RAMAN, P. B. BALAJI
Ultra Marina & Pigments Ltd. – Appellant
Versus
Kala Karmegam – Respondent


Advocates Appeared:
For the Appellant : Mr. H. Lakshmi Shankar.
For the Respondents: Mr. S. Gokul Raj, Mr. L. Vakeeswaran.

JUDGMENT :

Rmt.Teekaa Raman, P.B. Balaji, JJ.

[Prayer:- Appeal filed under Section 96 r/w. Order 41 Rule 1 of the Code of Civil Procedure, against the judgment and decree dated 07.03.2014 in O.S.No.36 of 2011 on the file of the Additional District Court, Dindigul.]

The unsuccessful plaintiff is the appellant before us. The plaintiff filed a suit in O.S.No.36 of 2011, before the Additional District Court, Dindigul for declaring its title to the suit property and for consequential relief for recovery of possession from the defendants and also for mandatory injunction directing the defendants to remove the encroachments and superstructures put up in the suit property.

2. (i) The brief facts of the case pleaded by the plaintiff are that the plaintiff is the owner of the suit property, having purchased the same under a registered sale deed, dated 22.05.1982. In the year 1996, the second defendant, who is the husband of the first defendant, approached the plaintiff's Company with an offer to find a suitable purchaser for the suit property or in the alternative, purchase it for himself, for a price to be agreed later. According to the plaintiff, the second defendant advanced a sum of Rs.47,00

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