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2025 Supreme(Mad) 3933

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SAKTHIVEL
Rajamma – Appellant
Versus
Murugesan – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Nicholas.
For the Respondent: Ms. S. Uma Maheswari for M/s. C. Jagadish.

JUDGMENT :

This Second Appeal is directed against the Judgment and Decree dated March 26, 2019 passed in A.S.No.26 of 2016 by the 'Principal Subordinate Court, Krishnagiri' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated March 30, 2016 passed in O.S.No. 151 of 2013 by the 'District Munsif Court, Krishnagiri' ['Trial Court' for brevity] was partly modified.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

PLAINTIFF'S CASE

3. In the plaint it is averred that the defendant is the elder sister of the plaintiff. The Suit Property is the plaintiff’s absolute property which he purchased on February 11, 1987 for Rs.10,000/- from one Jollan of Balinayanapalli Taraf. Possession was handed over on the same day and the plaintiff has been in absolute possession and enjoyment since then. Patta No.292 was issued in his favour. Based on documents, house loan was provided by the Housing Society, Krishnagiri to the plaintiff and the same was duly discharged by him. On March 15, 2013, the defendant, who has no right or interest, attempted to trespass into the Suit Property and disturbed the plaintiff’s peace

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