Umapathy v. Gopalakrishnan - 2009 Supreme(Online)(Mad) 17

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(Online)(Mad) 17

MADRAS HIGH COURT
, J
Umapathy v. Gopalakrishnan

Table of Content
1. establishment of ownership rights in property disputes. (Para 1 , 2 , 3 , 4 , 5)
2. arguments presented by both parties regarding property access. (Para 6 , 8 , 10)
3. judicial examination of law application regarding property rights. (Para 7 , 9 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
4. final verdict restoring the trial court's decision. (Para 18)

1. This Second Appeal has been filed against the judgment and decree made in A.S. No. 58 of 1997, dated 29.8.2003, on the file of the Principal Sub-Court, Tirunelvelli reversing the judgment and decree made in O.S. No. 443 of 1988, dated 27.1.1997, on the file of the Principal District Munsif, Tirunelvelli.

2. The Gist and essence of the averments in the Plait is as follows:
The plaintiff is the owner of the house in T.S. No. 471, in ward No. 1, Block No. 2 of Tirunelvelli Municipality. He purchased the same along with a dilapidated house from Avudaiyammal by way of sale deed dated, 13.8.1976. The first defendant is the owner of the house in T.S. No. 469 situate on the east of the plaintiff's house. In between the plaintiff's house and the defendants's house, a Common Muttam lies in T.S. No. 470 and that the said Muttam is comm