S.T.M.MOHAMMED GANI vs MUTHU NAIDU(died) - 2023 Supreme(Online)(Mad) 97064

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2023 Supreme(Online)(Mad) 97064

MADRAS HIGH COURT
S.T.M.MOHAMMED GANI – Appellant
Versus
MUTHU NAIDU(died) – Respondent

J U D G E M E N T

The plaintiffs in a suit for declaration of title and injunction are the appellants. The suit was dismissed by the Trial Court and the appeal filed by the appellants/plaintiffs was partly allowed by the First Appellate Court and suit was decreed in respect of property covered under Ex.A1 alone. In respect of remaining portion of suit property, the suit was dismissed by the First Appellate Court. Aggrieved by the dismissal of the suit in respect of the property not covered under Ex.A1, the plaintiffs have come by way of this second appeal.

2. According to the appellants/plaintiffs, the suit property originally belongs to one Jeyarama Naidu. The 1st appellant purchased a portion of the suit property from said Jeyarama Naidu under Ex.A1 dated 22.02.2002. The remaining portion of the suit property was purchased by 2nd appellant on 26.03.2002 from the very same Jeyarama Naidu. It was the case of the appellants that they had been in possession and enjoyment of the suit property from the date of purchase. It was also claimed by the appellants that the right claimed by respondents/defendants in respect of 1 cent of the suit property on the western side under the gift deed

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2023 Supreme(Online)(Mad) 97064

MADRAS HIGH COURTS.T.M.MOHAMMED GANI – AppellantVersusMUTHU NAIDU(died) – Respondent

MADRAS HIGH COURT
S.T.M.MOHAMMED GANI – Appellant
Versus
MUTHU NAIDU(died) – Respondent