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2013 Supreme(Mad) 1857

G.RAJASURIA
Viswalingam @ Mayavel – Appellant
Versus
Balasubramanian – Respondent


Advocates Appeared:
For the Petitioner:M. Sivarathanan, Advocate.

Judgment :-

1. This Second appeal is focussed animadverting upon the judgment and decree dated 12.12.2012 passed in A.S.No.15 of 2012 by the learned Subordinate Judge, Chidambaram, reversing the judgment and decree dated 15.03.2012 in O.S.No.174 of 2008 passed by the Additional District Munsif, Chidambaram.

2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

3. The plaintiff filed the suit setting out various averments, the epitome, and the gist and kernel of them would run thus:

The plaintiff while he was a minor, one Ramasamy Padayachi executed an unregistered settlement deed dated 31.08.1954 relating to four cents of land worth Rs.50 in favour of the minor, citing the minor's father as the guardian. Ever since that time, the said guardian was in possession and enjoyment of the said four cents of land and on the plaintiff attaining majority, the said property was handed over to him and he has been in possession and enjoyment of the same. While so, the defendant who is a neighbour, having no right over it attempted to trespass into it; whereupon the suit for injunction was necessitated.

4. Per contra, inveighing and refu




























































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