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IN THE HIGH COURT OF JUDICATURE AT MADRAS
JUSTICE, J
S.SUBRAMANIAN (DIED) 1.S.BAL – Appellant
Versus
Idol of the Arulmighu Kalyan – Respondent
| Table of Content |
|---|
| 1. ownership and possession of the suit property. (Para 1 , 2 , 4) |
| 2. defendants' claims and historical context. (Para 5 , 6) |
| 3. procedural defects in the suit's initiation. (Para 10 , 11 , 12) |
| 4. limitation and adverse possession arguments. (Para 23 , 24) |
| 5. court's conclusion on ownership and possession. (Para 36 , 37) |
| 6. final judgment and order. (Para 38) |
JUDGMENT
The Appeal Suit is directed against the judgment and decree made in O.S.No.77 of 2016, dated 14.03.2022, on the file of the District Court, Karur.
2. The first respondent, as plaintiff, has filed the above suit to declare that the plaintiff idol is the absolute owner of the suit property and for consequential relief of recovery of possession, directing the defendants to deliver the actual possession of the suit property after removing the superstructure if any over the suit property and for mesne profits.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in the original suit.
4. The case of the plaintiff in short is as follows:
(a) The suit property is the property of the plaintiff idol. The old survey number for the suit property as on the year 1863
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