IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Jothiraman, J
Kaveriappan S/o. Muthusamy Gounder – Appellant
Versus
Govindan S/o. Kaveriappan – Respondent
| Table of Content |
|---|
| 1. identification of parties and their roles (Para 1 , 2 , 3) |
| 2. defendant's claim of prior partition (Para 4) |
| 3. conclusion derived from evidence provided (Para 7 , 20 , 21 , 25) |
| 4. arguments against prior partition claim (Para 8 , 9 , 10) |
| 5. support for defendants' argument on ownership (Para 11) |
| 6. court's evaluation of joint possession and partition (Para 12 , 13 , 14 , 15 , 16) |
| 7. explanation of judicial reasoning behind decision (Para 18) |
| 8. evidence considered for joint versus separate possession (Para 19 , 24) |
| 9. final judgment of the court (Para 26) |
ORDER
Unsuccessful plaintiffs have preferred an appeal. The suit is filed for partition, separate possession, declaration, and for permanent injunction, the trial Court had dismissed the suit.
2. The parties are referred to as per their rankings in the trial Court.
3. The brief case of the plaintiffs are as follows:
The plaintiffs 2 and 3 and the first defendant are the sons of the first plaintiff. The 5th defendant is the daughter of the first plaintiff. The defendants 2 to 4 are the sons of the first defendant. They are the members of Joint Hindu Family and are in joint possession of the suit properties and other propertie
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