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2024 Supreme(Mad) 764

P. B. BALAJI
B. Guna – Appellant
Versus
A. K. Dhananjeyan – Respondent


Advocates Appeared:
For the Appellants : N. Manokaran, P. Krishnan.
For the Respondent: A. Gouthaman.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, to set aside the judgement and decree dated 30.10.2019 made in A.S. No.27 of 2017 on the file of the learned Sub Court, Arakkonam, reversal of the judgment and decree dated 08.03.2017 made in O.S. No.138 of 2009 on the file of the learned District Munsif Court, Sholinghur.)

1. The defendant in a suit for declaration, possession and mandatory injunction, succeeded before the Trial Court and suffered reversal findings before the First Appellate Court. The Legal Representatives of the defendant are the appellants herein.

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

3. The case of the plaintiffs is that the western portion of the schedule 'A' property is the ancestral property of the plaintiffs and eastern portion of the schedule 'A' property is the self acquired property of the father of the plaintiffs. According to the plaintiffs, the father sold a portion of the suit property measuring 18 feet East West, 85 feet North South, in all 1530 sq.ft and also another portion 20 feet East West and 54 1/2 feet North South, in all 1090 sq.ft, in favour of the defendant,

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