S. SOUNTHAR
K. KAMALA – Appellant
Versus
Executive Officer – Respondent
JUDGMENT :
Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the Judgement and Decree in A.S.No.35 of 2014 dated 26.08.2016 on the file of the Subordinate Judge, Tambaram confirming the Order and decree in I.A.No.2008 of 2012 in O.S.No.187 of 2012 dated 30.04.2014 on the file of the Principal District Munsif, Alandur.
The Second Appeal is arising out of judgement and decree passed by First Appellate Court confirming an order of rejection of the plaint. The appellants and 3rd respondent herein filed a suit for declaration of title and recovery of possession against the respondents 1 and 2 in O.S.No.187 of 2012. The 2nd respondent herein, who was arrayed as 2nd defendant in the suit filed an application under Order 7 Rule 11 of Civil Procedure Code seeking rejection of the plaint. The said application was allowed by the Trial Court. Challenging the same, the appellants and 3rd respondent herein preferred an appeal and the First Appellate Court confirmed the findings of the Trial Court. Hence, the appellants are before this Court.
2. According to the appellants and 3rd respondent/plaintiffs, the suit property was given to their predecessors-i
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