LAWS(MAD)-2017-4-159

D. STEPHEN VEDHARAJA Vs. V. VADUVANATHAN

Decided On April 26, 2017
D. Stephen Vedharaja Appellant
V/S
V. Vaduvanathan Respondents

JUDGEMENT

(1.) The Defendant in OS. No. 4 of 2012, on the file the Principal District Judge, Thanjavur, is the Appellant in both the appeals. The Defendant had filed AS. No. 200 of 2014, aggrieved by the judgement and decree, dated 5.11.2014 made in OS. No. 4 of 2012 and also filed AS. No. 130 of 2016, aggrieved by the denial and rejection of his counter claim filed in his capacity as the Defendant in OS. No. 4 of 2012, by judgement and decree, dated 5.11.2014.

(2.) OS. No. 4 of 2012 had been filed to set aside/cancel the sale deed dated 25.5.2011, executed by the Plaintiff in favour of the Defendant as it was claimed that it is vitiated by fraud and coercion and to restrain the Defendant or anyone acting under him from disturbing the Plaintiff's peaceful possession and enjoyment of the suit property and to further restrain the Defendant or his assigns from alienating or encumbering the suit property in favour of third parties and for costs.

(3.) The suit property is the land and building in TS. No. 80, measuring 328 sq. ft. and TS. No. 81, measuring 177 sq. ft., in all measuring 2104 sq. ft. in Arisikara Street, Municipal 6th Ward, Thanjavur Town, Thanjavur District.