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M. DHANDAPANI
Durairaj Adhiyamaan – Appellant
Versus
G. Somasundaram – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Second Appeal filed under Order XXI Rule 104 r/w Section 100 of the Code of Civil Procedure against the judgment and decree dated 21.09.2001 in C.M.A. No.6/2001 on the file of the Addl. District Judge, Nagapattinam, confirming the judgment and decree dated 25.4.2000 in E.A. No.1/1998 in E.P. No.75/1997 in O.S. No.309/1994 on the file of the Addl. Sub Court, Nagapattinam.)
1. Assailing the concurrent findings recorded by the courts below in favour of the respondents herein by holding that the claim of the appellants is barred by limitation, the present civil miscellaneous second appeal has been filed by the first appellant.
2. Pending the appeal, which dates two decades back, the first appellant having passed away, appellants 2 to 5, the legal heirs of the deceased first appellant, have been brought on record to defend the appeal. For the sake of convenience, the array of the parties will be referred to as ‘appellants’ and ‘respondents’ in the order, as they are arrayed before this Court in the present appeal.
3. The case of the appellants, in brief, as projected before the courts below is that the petition mentioned properties in issue originally b
The main legal point established in the judgment is that the respondents' claim of possession and tenancy was contradictory and not supported by evidence, and that the decree obtained by the first re....
The possession of the plaintiffs' predecessor-in-interest should be considered as the possession of the plaintiffs for the purpose of Article 142 of the Limitation Act, and the sale of immovable prop....
The suit was filed after a delay of 28 years and no genuine cause of action was found from the plaint, leading to the dismissal of the appeal.
The main legal point established in the judgment is that the right to sue for specific performance can be lost due to the limitation period, leading to the grant of possession to the defendants.
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