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2024 Supreme(Online)(MAD) 41931

HIGH COURT OF MADRAS
R.SAKTHIVEL, J
THIRUNAVUKKARASU – Appellant
Versus
GOWRI(died) sa stands abated against the r1 – Respondent


Advocates:
Mr.R.Munuswamy, Mr.S.Vijay Anand

Table of Content
1. plaintiff's claim of possession (Para 3 , 5)
2. defendants' denial of possession (Para 4)
3. trial court's findings (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 18 , 19 , 20 , 21 , 22)
4. burden of proof on plaintiff (Para 16 , 17)
5. second appeal allowed (Para 23)

J U D G M E N T

2. To be noted, during pendency of the Appeal Suit before the First Appellate Court, the sole plaintiff – Elumalai died and hence, the Respondent Nos.2 to 6 in the Appeal Suit [Respondent Nos.1 to 5 herein] were brought on record as his legal representatives. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit. Plaintiff's Case:

Defendants' case:

5. To be noted, the Trial Court has noted that the Defendant No.3 is said to have passed away one year before the date of plaint rendering the Original Suit against him a nullity.

6. At trial, plaintiff - Elumalai was examined as P.W.1 and Ex-A.1 to Ex-A.3 were marked on the side of the plaintiff. On the side of nd the defendants, the 2 defendant - Ravi was examined as D.W.1, one Senthil was examined as D.W.2 and Ex-B.1 to Ex-B.4 were marked.

First Appellate Court:

Second Appeal:

' In a












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