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2019 Supreme(Online)(Mad) 14972

N.SATHISH KUMAR, J
Mr.Sekar – Appellant
Versus
Mr.Selvaraj – Respondent


Advocates:
For the Appellants: Mr.A.R.Nixon
For the Respondents: Mr.G.Rajan

Table of Content
1. dispute over ancestral property and claims of possession. (Para 1 , 3 , 4)
2. prior judgments and actual possession guide litigation outcomes. (Para 6 , 11 , 18)
3. additional documents' materiality assessed against established evidence. (Para 12 , 19 , 20)
4. second appeal dismissed, confirming lower court's judgment. (Para 21)

JUDGMENT

Aggrieved over the concurrent finding of the trial Court decreeing the suit for permanent injunction in respect of east to west 20 ft and north 15 feet and north to south 151 ft. the plaintiff has filed the present Second Appeal.

2. The parties are arrayed as per their own ranking before the trial Court.

3. The brief facts leading to filing of this Second Appeal is as follows :

It is the case of the plaintiff that the suit property is an ancestral joint family property of Kanjamalai's father of Pachiyappan. The said Pachiyappan had two brothers namely Munusamy and Chinnasamy. Munusamy had no legal heirs and hence Pachiyappan and Chinnasamy orally partitioned the suit property about 60 years back. Eastern half is allotted to Chinnasamy and western half is allotted Kanjamalai. Chinnasamy died intestate leaving behind his wife Lakshmi Ammal

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