Santhanam vs Subbiah Muthaliyar, (died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 1413

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Santhanam – Appellant
Versus
Subbiah Muthaliyar, (died) – Respondent

Advocates Appeared:
For the Appellant : Mr. V. Meenakshi Sundaram.
For the Respondents: Mr. S. Meenakshi Sundaram, Senior Counsel, for Mr. M. Sengu Vijay.

Table of Content
1. introduction to appeal and disputed property facts. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. issues framed and procedural orders made. (Para 7 , 8 , 9 , 10 , 11 , 12)
3. reception of additional evidence justified. (Para 13 , 14 , 15 , 16)
4. arguments on evidence sufficiency and court findings. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23)
5. detailed analysis culminating in final dismissal. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37)

JUDGMENT :

K. MURALI SHANKAR, J.

1.The second appeal is directed against the judgment and decree made in A.S.No.87 of 2017, dated 28.01.2020 on the file of the Additional District and Sessions Court, Fast Track Court, Tenkasi, partly reversing the judgment and decree passed in O.S.No.222 of 2010, dated 12.01.2017, on the file of the Additional Sub Court, Tenkasi.

2.The appellant is the plaintiff. He filed a suit in O.S.No.222 of 2010, on the file of the Additional Sub Court, Tenkasi, claiming the reliefs of declaration, permanent injunction and mandatory injunction.

3. Pending suit, the plaintiff alleging that the defendants had destroyed the Kamalai Thadam and formed a layout and also obliterated irrigating channels, amended