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2010 Supreme(Mad) 4184

M.VENUGOPAL
Vijayalakshmi – Appellant
Versus
Raja – Respondent


Advocates Appeared:
For the Appellant:S. Viswanathan for M/s. A. Muthukumar, Advocates.
For the Respondent:K. Sukumar, Advocate.

Judgment :-

1. The Appellant/Plaintiff has filed this Second Appeal as against the Judgment and Decree dated 28.01.1999 in A.S.No.141 of 1998 passed by the Learned Additional Subordinate Judge, Nagapattinam.

2. The First Appellate Court while passing the Judgment in A.S.No.141 of 1998 on 28.01.1999 has inter alia observed that ...the Defendant/Respondent is not now in joint possession of the suit properties. However, after he acquires right upon the said properties as stated supra, the presumption is that he is also a co-owner. But, the contention on behalf of the Appellant is that the Respondent/Defendant being an alienee from Seeniammal, another Co-owner is not entitled to joint possession with the Appellant upon the said properties and that the Appellant is entitled to seek injunction against him. But, it is not a case between a Coparcenar and a stranger alienee from coparcenar. Therefore, the said contention on behalf of the Appellant is not accepted. Therefore, it is held that the Plaintiff/Appellant is not entitled to injunction as against the Respondent/Defendant with regard to Door No.2/39 and the property in Survey No.67/6. Also, the trial Court has further observed that t


































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