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S. SOUNTHAR
Karuppasamy @ Komathi Thevar (Died) – Appellant
Versus
Velammal (Died) – Respondent
JUDGMENT :
S. SOUNTHAR, J.
Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S. No. 40 of 2008, dated 4.11.2008, on the file of Principal Subordinate Judge, Tenkasi confirming the judgment and decree passed in O.S. No. 326 of 2005, dated 22.4.2008, on the file of Principal District Munsif Court, Tenkasi.
1. This Second Appeal is directed against the judgment and decree made in A.S. No. 40 of 2008, dated 4.11.2008, on the file of Principal Sub-ordinate Judge, Tenkasi confirming the judgment and decree passed in O.S. No. 326 of 2005, dated 22.04.2008, on the file of Principal District Munsif Court, Tenkasi.
2. The plaintiff in the suit is the appellant. The suit was filed for declaration of title and injunction. The suit was dismissed by the trial Court. The findings of the trial Court was affirmed by the First Appellate Court. Aggrieved by the concurrent findings of the Courts below, the sole appellant is before this Court. Pending the Second Appeal, the sole appellant died and his legal representatives were brought on record. It is also seen that the first respondent died pending the Second Appeal and respondents 2 to 5 were
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The central legal point established in the judgment is the shift of burden to the defendants to prove lack of possession and title when the plaintiffs have established continuous possession and title....
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