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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI, J
Packiaraj – Appellant
Versus
Shajakhan – Respondent
| Table of Content |
|---|
| 1. factual background of the property dispute. (Para 1 , 2 , 3 , 4) |
| 2. procedural history and appellant's argument. (Para 5 , 6 , 8) |
| 3. validity of sale deed by de facto guardian. (Para 9 , 10 , 11) |
| 4. legal insights on muslim property laws. (Para 12 , 13 , 14) |
| 5. assessment of possession and validity of claims. (Para 15 , 16) |
| 6. final judgment and order. (Para 17) |
JUDGMENT
The above second appeal arise out of the judgment and decree dated 26.02.2021 made in A.S.No.99 of 2006 on the file of learned Additional Sub Judge, Kallakurichi, reversing the judgment and decree dated 07.10.2005 made in O.S.No.908 of 1998 on the file of Principal District Munsif, Kallakurichi.
2.The unsuccessful defendants have preferred the present second appeal. The respondents as plaintiffs filed the above suit for declaration of title and for mandatory injunction to demolish the building in the suit property constructed by the defendants and for recovery of possession.
3.According to the plaintiff, the portion shown as ' E F H C ' in the plaint plan originally belong to one Abdulla Sahib. The said Abdulla Sahib sold a portion of the property excluding the suit property to the defendants on 23.10.199
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