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2025 Supreme(Online)(Mad) 63783

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE P. VADAMALAI
R. Jothivel – Appellant
Versus
R. Palanisamy – Respondent


JUDGMENT

This Appeal Suit is filed against the judgment and decree, dated 06.09.2022 passed in O.S.No.21 of 2019 on the file of the learned Principal District Judge, Karur.

2. The appellant is the defendant in O.S.No.21 of 2019 on the file of the Principal District Court, Karur. The respondent is the plaintiff in that suit. The respondent/plaintiff has filed the suit for declaration that the respondent/plaintiff is the absolute owner of the suit property and for recovery of possession.

3. For the sake of convenience, the parties are referred as per their rank before the trial Court.

4. The brief facts are as below:

(a) The case of the plaintiff (Respondent herein):- The suit property originally belonged to one R.Krishasamy Pillai through Court auction sale in E.P.No.10358 of 1957 in O.S.No.429 of 1956 on the file of the District Munsif Court, Karur, as sale was confirmed on 18.12.1957. He sold the suit property to one Ramasamy Gounder by virtue of registered sale deed, dated 24.06.1958.

Thereafter, Ramasamy Gounder died, leaving behind his wife Pappayee and his sons R.Jothivel and R.Krishnan and daughters Dhananalakshmi @ Lakshmi and Kokilam as legal heirs. One of his sons R.Kris

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