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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
Rengasamy – Appellant
Versus
Narayanasamy – Respondent
| Table of Content |
|---|
| 1. summary of suit facts, claims, and lower court decrees. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. framing substantial questions of law on title and limitation. (Para 7) |
| 3. proceedings on merits without respondent appearance. (Para 8 , 9) |
| 4. suit barred by limitation under section 3, articles 58/65. (Para 10 , 12 , 13 , 14 , 15) |
| 5. appeal allowed, lower decrees set aside. (Para 17 , 18) |
JUDGMENT
This second appeal has been filed challenging the judgment and decree passed in AS No.33/2006 dated 31.08.2006 on the file of the Sub Court, Sivakasi, confirming the judgment and decree passed in OS No. 35/2002 dated 15.12.2004 on the file of the District Munsif Court, Sivakasi.
2. The appellant is the first defendant in the suit.
3. The case of the plaintiff is that the suit property was purchased by one Akkammal in a Court auction sale on 26.09.1933 and sale certificate was also issued to Akkammal on 29.11.1934 and possession was also handed over to her on 30.12.1953. The said Akkammal executed a registered release deed in respect of the suit property in favour of her two sons, namely, Srinivasan and Narayanasamy (Plaintiff). From the execution of the release deed, the plaintiff and his
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