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2022 Supreme(Online)(MAD) 43953

HIGH COURT OF MADRAS
Hon`ble Mr.Justice S.SOUNTHAR
JEBASTIN SELVARAJ – Appellant
Versus
CHELLASAMY (DIED) – Respondent


JUDGMENT

The defendant in the suit is the appellant. The suit was laid for declaration of title and for consequential injunction restraining the appellant/defendant from trespassing into the suit property or committing act of waste. The suit was decreed by the trial Court and confirmed in the first appeal and hence, the appellant is before this Court.

2. According to the plaint averments, the suit property was originally belonged to the father of the deceased 1st respondent/plaintiff viz., Chellian. After death of his father, the deceased 1st respondent/plaintiff inherited the suit property and he has been in possession and enjoyment of the same. It was also averred that patta to the suit property was obtained by the 1st respondent and he has been paying tax to the Government regularly. It was specifically averred in the plaint that the appellant/defendant tried to commit trespass into the suit property and also commit act of waste and hence, the respondent was constrained to file the suit for the above said relief. Pending second appeal, the 1st respondent/plaintiff passed away and his legal representatives were brought on record as respondents 2 to 8. 3. The appellant/defendant fi

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