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2023 Supreme(Online)(MAD) 4166

HIGH COURT OF MADRAS
Hon`ble Mrs Justice T.V. THAMILSELVI
M. RAJI – Appellant
Versus
S. DHANASEKAR – Respondent


JUDGMENT

The appellant herein is the plaintiff in suit O.S No.157 of 2006, on the file of the District Munsif Court, Arakkonam against the defendants/respondents herein for the relief of declaration and recovery of possession with other consequential relief in respect of suit properties as listed in the plaint schedule. Before the Trial Court both the parties adduced their evidence and on considering the documents and oral evidence the Trial Court framed issues held that the father of the plaintiff has no right to sell the property to the defendants 1 to 4 nor empower to execute mortgage in favour of the sixth defendant for the reason that already he executed gift settlement deed in favour of his minor son/plaintiff in the year 1986 by appointing his wife as guardian thereby declared suit property in favour of the plaintiffs and decreed the suit as prayed for.

2. Challenging the said findings the defendant 1 to 4 preferred an appeal in A.S No. 132 of 2014, on the file of the Sub Court, Arrakonam , which framed issues separately and analysed the facts held that the plaintiff failed to prove that said gift deed was acted upon nor his possession and enjoyment of the suit property. Besi

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