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2021 Supreme(Online)(MAD) 3850

HIGH COURT OF MADRAS
Hon`ble Mr.Justice N.SATHISH KUMAR
JOHN – Appellant
Versus
LOURTHUBAI – Respondent


JUDGMENT

Aggrieved over the concurrent findings of the Courts below, decreeing the suit filed for permanent injunction, the present Second Appeal is filed.

2.The parties are referred to as per their rank before the trial Court.

3.The brief fact, leading to file this Second Appeal, reads as follows:-

The first defendant is the brother of the plaintiff and the second defendant is the wife of the first defendant. The suit property is originally belonged to the mother of the plaintiff viz., Gnanamma. The said Gnanamma executed a sale deed dated 24.11.1983 in favour of the plaintiff. The plaintiff is in possession and enjoyment of the suit schedule property. However, on 20.05.1992, the defendants tried to trespass into the suit schedule property. Hence, the suit.

4. Denying the allegations in the plaint, it is the contention of the defendants in the written statement that the sale deed, dated 24.11.1983, executed in favour of the plaintiff is a fraudulent document and the mother of the plaintiff and the first defendant have never executed such document. Further in the written statement, it is stated that the defendants are residing in the building, which is situated in the suit schedule pro

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