Appeal Suit is filed against the judgment and Decree in O.S.No.4607 of
2020 dated 30.11.2023 passed by the learned VI Additional Judge, City Civil
Court, Chennai.
2. The learned Counsel for the Appellant submitted that the Defendant
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 07:34:32 pm )
in O.S.No.4607 of 2020 before the learned VI Additional Judge is the
Appellant herein. The learned Counsel for the Appellant invited the attention
of this Court to the averments in the plaint in O.S.No.4607 of 2020. Also, he
invited the attention of this Court to the documents relied by the Plaintiff as
Ex.A-1 and Ex.A-2 which are the sale deeds of the Plaintiff and Ex.A-5 which
is a pre-suit notice wherein he had claimed that the Defendant had put up
construction encroaching on the Plaintiff’s land. Prior to the purchase, he
mentioned the date but wantonly suppressed those dates in the plaint. Also,
the learned Counsel for the Defendant/Appellant invited the attention of this
Court to the elaborate written statement giving out details and disputing claim
of the Plaintiff wherein the Defendant’s father who was working as in-charge
in the ICF had purchased the property in the name of the mother of the
Defendant. Two items were purchased by sale deed in the year 1974, 1976
prior to the purchase of the property by the Plaintiff. Subsequently, the mother
of the Defendant settled the property in favour of the Defendant. The Plaintiff
is alleged to have purchased the property from the legal heirs of one of the
vendors of the Defendant/Thulasiammal.
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