Radhakrishnan vs S. Pugazendi - 2023 Supreme(Mad) 3335

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 3335

S. SOUNTHAR
Radhakrishnan – Appellant
Versus
S. Pugazendi – Respondent

Advocates:
Advocate Appeared:
For the Appellant : R. Meenal.
For the Respondent: S. Krishnasamy.

JUDGMENT :

S. SOUNTHAR, J.

Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, to set aside the judgment and the decree dated 07.03.2017 in A.S. No. 15 of 2014 on the file of the I Additional Sub Court, Villupuram, confirming the judgment and the decree dated 14.02.2014 in O.S. No. 472 of 2008 on the file of Additional District Munsif's Court, Villupuram.

1. The plaintiff in the suit is the appellant. He filed a suit for declaration of title and permanent injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the suit property. The suit was dismissed by the Trial Court and the first appeal filed by the appellant was also dismissed. Aggrieved by the concurrent findings, the appellant is before this Court.

2. According to the appellant/plaintiff, the suit property was originally allotted to the share of respondents' father Subramaniyan under the Partition Deed dated 05.12.1986 between the said Subramaniyan and respondents/defendants. The said Subramaniyan sold 0.20 cents out of 1 acre 39 cents in Dry Survey No. 4/2 in favour of the appellant/plaintiff under registered Sale Deed dated 09.02.1991 and as such, the appellan