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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 17)
5. second appeal allowed (Para 23)

J U D G M E N T

This Second Appeal is preferred by the unsuccessful defendants assailing the Judgment and Decree dated February 21, 2019 passed in A.S.No.06 of 2012 by the 'Subordinate Judge, Ponneri' [henceforth 'First Appellate Court'], whereby the Judgment and Decree dated February 17, 2011 passed in O.S.No.340 of 2004 by the ‘District Munsif Court, Ponneri' [henceforth 'Trial Court'] was confirmed.

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:

3. The Suit Property originally belonged to one Saradambal. The said Saradambal filed the Original Suit in O.S.No.200 of
















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