S.NATARAJAN Vs. P.K.RAJAN

JUDGEMENT

(1.) Mr.S.Kaithamalai Kumaran, learned counsel on record for sole appellant in the captioned second appeal is before this Virtual Court i.e., a web hearing on a videoconferencing platform.

(2.) Captioned second appeal, which is under Sec. 100 of 'The Code of Civil Procedure, 1908' ('CPC' for the sake of brevity) has been preferred against a judgment and decree dtd. 19.11.2020 made by the 'II Additional Subordinate Judges Court, Erode' (hereinafter 'first Appellate Court' for the sake of brevity) wherein the first Appellate Court interfered with and reversed a judgment and decree dtd. 31.10.2014 made in O.S.No.14 of 2013 on the file of First Additional District Munsif Court, Erode (hereinafter 'trial Court' for the sake of brevity).

(3.) Suit property is land admeasuring 1.5 acres or thereabouts, which originally belonged to one Sengoda Gounder (father of defendants 1 and 2 before the trial Court). It is the case of the plaintiff in the trial Court that suit property was purchased in and by a registered sale deed dtd. 22.12.1994, which was marked as Ex.A1 before the trial Court. The description of the suit property in the plaint itself says that the re-survey numbers of the suit property has been wrongly given as 122/3, 122/10 and 122/11 in Ex.A1 sale deed whereas it is actually 122/4. 122/11 and 122/12.