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2022 Supreme(Online)(MAD) 12558

HIGH COURT OF MADRAS
Hon`ble Mr Justice C.V. KARTHIKEYAN
P.GOPAL(DIED) – Appellant
Versus
THIRUGNANA SAMBANDHAM – Respondent


JUDGMENT

The plaintiffs in O.S.No.217 of 2006 on the file of the Principal District Munsif Court, Cuddalore, are the appellants herein. They had suffered an adverse decree by judgment dated 26.06.2007. Thereafter, they filed a first appeal in A.S.No.53 of 2007, which was also dismissed by the Second Additional Sub Court, at Cuddalore, by judgment dated 11.09.2008.

This has necessitated them to file the present second appeal.

2.The second appeal had not been admitted.

3.I would refer to the appellants as plaintiffs and the respondents as defendants.

4.The case of the plaintiffs was that the property which was the subject matter of the suit could be divided into two schedules A & B. The first plaintiff claimed declaration of title over the A schedule property and the second plaintiff claimed declaration of title over the B schedule property. They further claimed that the said property as a whole was purchased by the first plaintiff consequent to his earnings in the Army and as Security Officer on retirement.

5.It is the contention of the learned counsel for the appellants herein that the property specified in the plaint schedule is an individual/self- acquired property of the first plainti

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