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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
Sami Arul Educational Trust rep.by its Managing Trustee, L.B.S.Yadhav – Appellant
Versus
S.Peter – Respondent
| Table of Content |
|---|
| 1. overview of the case and claims regarding property ownership. (Para 2 , 4 , 5 , 6) |
| 2. analysis of property transactions and implications of trust roles. (Para 7 , 10 , 12 , 15) |
| 3. determination of title and possession in property dispute. (Para 8 , 14) |
JUDGMENT :
2.S.Peter, the respondent herein filed the said suit for declaration and recovery of possession and for permanent injunction. The suit was dismissed vide judgment and decree dated 28.08.2012. Challenging the same, the plaintiff filed A.S No.70 of 2012 before the Principal District Judge, Thanjavur. The first appellate court reversed the decision of the trial court and decreed the suit as prayed for on 29.04.2014. Challenging the same, the defendant filed SA(MD)No.692 of 2014. It was dismissed on 16.04.2015. Questioning the same, the defendant filed Civil Appeal No.6595 of 2016. The Hon'ble Supreme Court set aside the judgment of the High Court since substantial questions of law were not answered. The matter was remitted back. On 20.07.2016, the second appeal was formally admitted on the following substantial questions of law :
ii.Whether the suit was liable to be dismissed since the plaintiff failed to seek t
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