Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
Lourdusamy – Appellant
Versus
Subbulakshmi Ammal (died) – Respondent
| Table of Content |
|---|
| 1. trial court granted mandatory injunction for co-owner's encroachment. (Para 1 , 4 , 21) |
| 2. defendant's construction disputed; courts upheld plaintiffs' rights. (Para 10 , 11 , 19) |
| 3. co-owners must not encroach upon shared property rights. (Para 18 , 20) |
J U D G M E N T
This Second Appeal is filed against the judgment and decree dated 07.10.1998 in A.S.No.54 of 1996 on the file of the Principal Subordinate Court, Tirunelveli, confirming the judgment and decree dated 31.07.1995 in O.S.No.1248 of 1988 on the file of the Additional District Munsif Court, Tirunelveli.
2.The Appellants herein is the defendant in O.S.No.1248 of 1988 on the file of the Additional District Munsif Court, Tirunelveli. Originally, the suit was filed by the plaintiffs seeking declaration, mandatory injunction and other reliefs.
3.For the sake of convenience, the parties are described as per their ranking in the Trial Court.
4. The brief case of the plaintiffs in O.S.No.1248 of 1988 is as follows:
The plaint second schedule property belongs to the plaintiffs viz., Subbulakshmi Ammal and Mallika and the defendant viz., Lourdusamy jointly. Originally, item Nos.1 and 2 of the first schedule properties a
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
