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2025 Supreme(Mad) 3839

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice R.SAKTHIVEL
Sarojini – Appellant
Versus
Banumathi W/o. Late Samidurai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A. Muthukumar
For the Respondent: Mr. B.Jawahar

JUDGMENT :

R.Sakthivel, J.

This Second Appeal is directed against the Judgment and Decree dated February 27, 2020 passed in A.S.No.29 of 2018 by the 'Principal Subordinate Court, Mayiladuthurai' [henceforth 'First Appellate Court'] reversing the Judgment and Decree dated February 1, 2018 passed in O.S.No.80 of 2016 by the 'Additional District Munsif Court, Mayiladuthurai' [henceforth 'Trial Court'].

2. The respondents herein are the legal heirs / legal representatives of the deceased sole defendant - Samidurai. For the sake of convenience, hereinafter, the parties will be referred to as per their nomenclature in the Original Suit.

PLAINTIFF'S CASE

3. The Suit Property originally belonged to the sole defendant– Samidurai vide Sale Deed dated July 20, 1978. The plaintiff and the defendant entered into a Sale Agreement on June 25, 2003 in respect of Suit Property. The sale consideration was fixed as Rs.5,000/- [Rupees Five Thousand only]. On the date of Sale Agreement itself, the defendant received the entire sale consideration in cash and since then the plaintiff has been in possession of the Suit Property. The defendant agreed to execute a Sale Deed immediately after he obtains his origi

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