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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Marakathan – Appellant
Versus
Ambika – Respondent
| Table of Content |
|---|
| 1. historical background of property ownership. (Para 1 , 3 , 4 , 6 , 7 , 8) |
| 2. court's reasoning on legal procedures and evidence. (Para 10 , 11 , 16 , 17 , 18 , 20 , 22 , 26 , 27 , 28 , 30 , 31) |
| 3. arguments related to ownership and possession. (Para 12 , 13 , 14) |
| 4. determining the burden of proof in partition cases. (Para 25 , 29) |
| 5. final ruling on the appeal dismissing the case. (Para 32) |
JUDGMENT
The unsuccessful defendants, initially having succeeded before the trial Court and the findings of the trial Court having been reversed by the First Appellate Court, are the appellants.
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3. The facts that are necessary for deciding the present second appeal, briefly:
Pleadings:
The Plaint in brief::
3.1. The suit property and adjacent northern side property measuring 20 feet by 60 feet originally belonged to Ramanatha Thevar. After the demise of RamanathaThevar, his sons ChellaThevar and ArumugaThevar became entitled to the same. ChellaThevar had two wives, viz., Rakkammal (first wife) and Irulayee (second wife). Through the first wife, ChellaThevar was blessed with a son Samidu
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