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2024 Supreme(Online)(MAD) 12395

HIGH COURT OF MADRAS
Hon`ble Mr Justice P.B. BALAJI
G.DANABALAN – Appellant
Versus
T.TAMILSELVI – Respondent


JUDGMENT

The defendants 1 to 3 are the appellants in the present Second Appeal.

The parties are described as per their litigative status before the trial Court.

2. The facts on which the plaintiff filed a suit for permanent injunction, are that the suit property belongs to the plaintiff and the plaintiff is in possession and enjoyment of the suit property. The defendants 1 and 4 are the brothers of the plaintiff and the defendants 2 and 3 are the sons of the first defendant.

3. According to the plaintiff, the suit property was settled by her father, Gopalsamy Udayar under a registered settlement deed dated 15.07.1987, pursuant to which, the plaintiff has been in enjoyment of the suit property.

Even though, the defendants have no right in the suit property, on 15.01.2006, the defendants restrained the plaintiff from fencing the suit property and therefore, the suit was instituted.

4. The defendants filed written statement stating that the description of the suit property was incorrect and the plaintiff's father, during his life time, had cancelled the settlement deed by way of cancellation deed dated 28.03.1988, which was, within eight months from the date of settlement. The plaintiff wa

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