Narayanan Alias Arumugam vs Uma - 2024 Supreme(Mad) 2250

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2250

S. SOUNTHAR
Narayanan Alias Arumugam – Appellant
Versus
Uma – Respondent

Advocates Appeared:
For the Appellant : Mr.V.Meenakshisundaram for Mr.D.Nallathambi
For the Respondents: Mr.Alex Benny Hook for M/s.D.Sathiyasri

JUDGMENT :

PRAYER: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree passed in A.S.No.28 of 1997 dated 13.12.1999 on the file of the Sub-Court, Ambasamudram confirming the judgment and decree passed in O.S.No.399 of 1989 dated 30.09.1996 on the file of the District Munsif Court, Ambasamudram.

The unsuccessful plaintiff in a suit for declaration and recovery of possession is the appellant. The suit was dismissed by the trial Court and the findings of the trial Court were affirmed by the first appellate Court. Aggrieved by the concurrent findings, the plaintiff is before this Court.

The averments found in the plaint:

2. According to the appellant/plaintiff, the suit property belonged to the second defendant. The third defendant is the wife of the second defendant. The plaintiff and defendants 4 to 7 are the children of defendants 2 and 3. The first defendant is the purchaser of the suit second schedule property from the second defendant. Since defendants 4 to 7 failed to co-operate with the plaintiff, the suit was filed by the plaintiff by arraying them as defendants. The entire suit property was shown as “first schedule” and the portion of the property pur