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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Sam International, rep. by Managing Partner V.Shanmugam – Appellant
Versus
Bama Balaji – Respondent
| Table of Content |
|---|
| 1. overview of concurrent judgments regarding title and injunction. (Para 1 , 3 , 4) |
| 2. arguments raised about burden of proof in establishing ownership. (Para 10 , 15) |
| 3. court's position on the valid creation of ownership through sale deeds. (Para 12 , 18) |
| 4. finality of trial court's decision on property ownership. (Para 19) |
COMMON JUDGMENT
Challenging the concurrent findings of the courts below rendered in common judgment and decree passed in A.S.Nos. 34 and 35 of 2021 by the Principal District Judge, Krishnagiri arising out of findings rendered in common judgment and decree passed in O.S.Nos.11 of 2016 and 193 of 2017 on the file of Principal Sub-Judge, Krishnagiri, these Second Appeals were preferred by the defendants 1 and 3.
2. For the sake of convenience, the parties are denoted as per the ranking in the suit in O.S.No.11 of 2016 before the trial court.
3. Brief facts of the case is as follows :-
The appellants/plaintiffs in S.A.No. 443 of 2023 filed a suit in O.S.No.193 of 2017 (Originally O.S. No. 14 of 2016 seeking for the relief of permanent injunction restraining the defendant from encumbering over the suit properties as described in the plaint schedule in Sur
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