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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
Kousal @ Sridharsekar – Appellant
Versus
Rathinam – Respondent
| Table of Content |
|---|
| 1. claim of adverse possession based on familial transfer. (Para 3 , 4 , 5 , 6) |
| 2. arguments regarding lack of cause of action. (Para 7 , 8) |
| 3. court's reasoning on procedural adequacy before trial. (Para 9 , 10) |
ORDER
The defendant has filed the above Civil Revision Petition challenging the dismissal of his application filed under Order VII Rule 11 of C.P.C to reject the plaint in I.A.No.2 of 2022 in O.S.No.496 of 2021 on the file of the II Additional District Court, Salem.
2. The parties are referred to in the same ranking as before the trial Court.
3. The suit O.S.No.496 of 2021 was filed by the respondent herein/plaintiff for declaration of his title to the suit property by adverse possession and for permanent injunction from alienating or encumbering the suit property and from interfering with or dispossessing him from the suit property.
4. The case of the plaintiff is that the suit property which is a vacant land belonged to one Sekar. Sekar is the elder brother of the plaintiff and the property was purchased by the said Sekar on 08.06.1995 under a Sale Deed registered as Document No.645 of 1995. Sekar had given the property to the plaintiff from the date of the purc
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