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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN
Vasantha (Deceased) – Appellant
Versus
Velur Sri Vaidhyanathaswamy Devastanam, Vaitheeswarankoil rep. by its hereditary Trustee Sri La Sri Masilamani Desiga Gnanasambanda Paramacharya Swamigal – Respondent
| Table of Content |
|---|
| 1. case involves intertwined suits. (Para 1 , 2 , 3) |
| 2. background of ownership and disputes. (Para 4 , 5 , 6) |
| 3. substantial legal questions raised. (Para 9 , 11) |
| 4. arguments on jurisdiction and ownership. (Para 12 , 14) |
| 5. court's observations on land classification. (Para 16 , 18 , 24 , 25) |
| 6. ratio regarding maintainability of suits. (Para 17 , 19 , 22 , 23) |
| 7. cases establishing judicial authority over property disputes. (Para 20) |
| 8. final conclusions and appeal dismissals. (Para 26 , 27 , 28) |
JUDGMENT :
C. KUMARAPPAN, J.
1. Both the appeals are arising against the judgment and decree of two different suits in O.S.No.228 of 1994 and O.S.No.241 of 1994. It is pertinent to mention here that, both the suits have been disposed of independently. However, the judgement was pronounced on the same day qua 05.09.2000. The subject matter of both the suit is one and the same. The parties are also one and the same. Apart from that, the facts, law and documents involved in these two Second Appeals are intertwined and interconnected. Hence, this Court deems it appropriate to take up both the Second Appeals together for disposal.
2. The appellant in both the appeals is one Vasantha, wh
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