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2022 Supreme(Online)(MAD) 22130

HIGH COURT OF MADRAS
Hon`ble Ms.Justice R.N.MANJULA
Banumathi – Appellant
Versus
Sadayakka Alias Sadayammal – Respondent


COMMON JUDGMENT

These Appeal Suits have been preferred challenging the common judgment and decree of the learned Principal District Judge, Karur, dated 12.07.2018 made in O.S.No.25 of 2015 and O.S.No.57 of 2016.

2.The appellant is the plaintiff in O.S.No.57 of 2016, which was filed for the relief of specific performance and the defendant in O.S.No.25 of 2015, which was filed for the relief of partition.

3.The summary of the pleadings of the parties made in O.S.No.25 of 2015 are as follows:-

3.1.The suit property was jointly purchased by the first plaintiff and the defendant on 25.11.1977 under a registered sale deed; hence, they are entitled to half share each; they were in joint enjoyment of the same; they jointly constructed building by contributing funds jointly; the first plaintiff was in need of money, hence, she sold her half share of the suit property to the second plaintiff under a registered sale deed dated 09.07.2010; the sale was concluded on the understanding that the first plaintiff would hand over her share in the buildings either by sale or otherwise at a later point of time; thus the plaintiffs and the defendant are in joint possession and enjoyment of the property.

3.2.

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