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2023 Supreme(Online)(MAD) 33962

HIGH COURT OF MADRAS
Hon`ble Mr.Justice S.SOUNTHAR
SANTHI, – Appellant
Versus
THE KARUR VYSYA BANK LTD., R – Respondent


JUDGMENT

The appellant herein filed a suit for injunction restraining the respondents from taking forcible possession of the suit property from the plaintiff. The suit was dismissed by the trial Court. Aggrieved by the same, the appellant filed an appeal and the first Appellate Court affirmed the findings of the trial Court. Therefore, the appellant was constrained to approach this Court by way of Second Appeal.

2. According to the appellant, the suit property originally belonged to her husband Bhoothalingam. On 31.03.1992, the said Bhoothalingam had executed a sale deed in favour of the appellant and from that date onwards, she was in possession and enjoyment of the suit property, as absolute owner by paying property tax to the Nagercoil Municipality. It was further averred that the relationship between the appellant and her husband Bhoothalingam was strained and they got separated. Subsequently, the husband of the appellant stood as guarantor and offered the suit property as a security to the respondent's Bank. It was also averred that subsequent to sale by Bhoothalingam in favour of the appellant, he had no authority to offer the suit property as security to respondent Bank. It w

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