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2024 Supreme(Mad) 1033

P. B. BALAJI
Rajkumar – Appellant
Versus
Academy of Maritime Education and Training – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T.R. Rajagopalan, S.T. Bharath Gowtham.
For the Respondents: N. Jothi, S. Vinod, N. Manokaran.

JUDGMENT :

P.B. BALAJI, J.

1. The unsuccessful plaintiffs before the trial Court as well as the first appellate Court, in a suit for Declaration of Easementary Right, are the appellants herein. The parties are described as per their litigative status in the suit. The pleadings in summary, in order to appreciate the respective contentions of the parties and in order to adjudicate the above Second Appeal, are as follows:

    (i) The plaintiffs stated that the suit property described in schedule “A” originally belongs to one Raji Naicker, who had purchased the same under two registered sale deeds dated 05.02.1927 and 27.05.1937, along with one another property. The said Raji Naicker was blessed with a son by name Balaraman Naicker and daughter Kasi Ammal. The suit property, according to the plaintiffs, was allotted to Balaraman Naicker and the adjacent property was allotted to Kasi Ammal. After the demise of Balaraman Naicker, the suit property was transferred to his wife viz., Mrs,Rupavathi Ammal. The plaintiffs claim to be grand sons of Balaraman Naicker and Rupavathi Ammal, through their son Ranganathan. According to the plaintiffs, their grandmother, Rupavathi Ammal had executed a regist

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