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2025 Supreme(Online)(Mad) 60909

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Govindarajan Thilakavadi, J
Chokkalingam – Appellant
Versus
Bhagyalakshmi – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.S.Vijayaragavan
For the Respondents:Mr.G.Ponnambala Thiyagarajan, Mr.V.Ramesh, Government Advocate

COMMON JUDGMENT

The above second appeals arise out of the judgment and decree dated 27.03.2019 passed in A.S. Nos.22 of 2013 & 31 of 2013 on the file of the learned Sub Judge, Pollachi, confirming the judgment and decree dated 27.06.2013 in O.S.Nos.275 & 293 of 2006 on the file of the learned District Munsif Judge, Pollachi.

2.The Substantial questions of law raised in these second appeals are as follows:

'' (i) Whether the Courts below were right in upholding the title of the respondents based on the partition deed of the year 1962 and patta granted overlooking the fact that the appellants had purchased the suit property even during the year 1934 and the sale deed has been produced as Ex.B.1 in O.S.No.275 of 2006?

(ii) Whether the Courts below were right in concluding that the plaintiffs in O.S.No.275 of 2006 have established their possession of the entire property as on the date of the suit? ''

3.The suit in O.S.No.275 of 2006 was filed by the plaintiffs therein for permanent injunction against the defendants in the above suit. The suit in O.S.No.293 of 2006 was filed by the defendants in O.S.No.275 of 2006 for declaration of title and for permanent injunction, against the plaintiffs

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