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2024 Supreme(Mad) 763

P. B. BALAJI
S. Selvalingam – Appellant
Versus
S. Bharadalingame – Respondent


Advocates Appeared:
For the Appellant : M. Gnanasekar.
For the Respondent: Usha Ramman.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the Judgment and Decree dated 03.10.2018 made in A.S. No.91 of 2018 on the file of the Principal Sub-Judge at Puducherry confirming the judgment and decree dated 27.08.2018 made in O.S. No.1219 of 2006 on the Court of the II Additional District Munsif at Puducherry and allow this Second Appeal.)

1. The defendant, in a suit for recovery of possession, who suffered concurrent findings before the trial Court as well as the First Appellate Court is the appellant.

2. The parties are described as per their litigative status before the trial Court.

3. The brief facts that are necessary for deciding the Second Appeal are as follows:

4. The case of the plaintiff is that he is the owner of the suit property, having purchased the same under a registered sale deed dated 11.10.1995, for a valid consideration. The defendant is the brother of the plaintiff and the plaintiff permitted the defendant and another brother, one Palaniswamy to occupy the suit property to meet his temporary residential requirements in the year 2002. However, the defendant's attitude changed and he started asserting rights in

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