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2026 Supreme(Online)(Mad) 17057

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
Kaliyaperumal – Appellant
Versus
Pachaiyammal – Respondent


Advocates:
For the Appellants/Petitioners: Mr.N.Suresh
For the Respondents: Mrs.T.Jayalakshmi for M/s.Paul & Paul

Table of Content
1. plaintiffs and defendant's background in property ownership. (Para 1 , 3 , 4)
2. key issues framed by courts regarding property. (Para 5 , 8 , 10)
3. plaintiff's claim of ancestral property and joint ownership. (Para 12 , 13)
4. evidence and burden of proof on plaintiffs regarding property claims. (Para 15 , 16 , 18 , 19)
5. final court decision to allow the appeal and dismiss the suit. (Para 20 , 21)

JUDGMENT

The second appeal has been preferred as against the judgment and decree dated 06.11.2015 passed by the Additional Subordinate Court, Tindivanam in A.S.No.17 of 2013. The respondents 1 and 2 herein have filed the main suit for the relief of partition as against the appellant and the respondents 3 & 4 herein and the suit was decreed by granting partition in favour of the plaintiffs. Aggrieved by the said decree and judgment, the first defendant has preferred an appeal in A.S.No.17 of 2013. The First Appellate Court also dismissed the appeal confirming the judgment of the Trial Court. Aggrieved over the said decree and judgment, the present second appeal has been filed by the first defendant.

2. For the sake of convenience, the parties are referred to as per their ra

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