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2024 Supreme(Online)(MAD) 22213

HIGH COURT OF MADRAS
Hon`ble Mr.Justice P. VADAMALAI
Balaguru – Appellant
Versus
Pandiyan – Respondent


JUDGMENT

This Second Appeal is preferred against the judgment and decree dated

30.11.2021 passed in A.S.No.48 of 2020 on the file of the Sub Court, Thirumangalam, confirming the judgment and decree dated 28.08.2020 passed in O.S.No.576 of 2014 on the file of the District Munsif-cum-Judicial Magistrate Court, Peraiyur.

2. The appellant is the defendant and the respondents are plaintiffs in O.S.No.576 of 2014 on the file of the District Munsif-cum-Judicial Magistrate Court, Peraiyur. The respondents/plaintiffs filed the suit for specific performance and permanent injunction. The appellant/defendant filed the counter claim in that suit for declaration that the suit property belonged to the appellant/defendant.

3. For the sake convenience, the parties are referred as plaintiffs and defendant in O.S.No.576 of 2014 on the file of the District Munsif-cum-

Judicial Magistrate Court, Peraiyur.

4. It is the case of the plaintiffs that the suit property is bearing Door No.5-6/113/91 in Plot No.24 in S.No.83/3 measuring 3 cents out of large extent acre 4 cents 22, T.Kunnathur Village, Peraiyur Taluk & Sub-District, Madurai South. The house was constructed by Sri Murugan Weavers Cooperative Society,

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