IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Sankaran – Appellant
Versus
Muthukrishnan – Respondent
| Table of Content |
|---|
| 1. summary of pleadings, trial, and lower court decisions. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. parties' arguments on evidence and substantial questions. (Para 9 , 10 , 11 , 12) |
| 3. court analysis of admissions, unchallenged deeds, burden of proof. (Para 13 , 14) |
| 4. dismissal of appeal, answering substantial questions negatively. (Para 15) |
JUDGMENT
The unsuccessful plaintiff is the appellant, aggrieved by the concurrent findings of the trial Court as well as the First Appellate Court.
2. Pleadings:
The Plaint in brief::
2.1. The plaintiff sought for the relief of declaration that he is the owner of the suit property and for consequential permanent injunction to restrain the first respondent from interfering with the plaintiff's alleged peaceful possession and enjoyment, either by encroachment or in any other manner.
2.2. The case of the plaintiff is that the suit property was originally belonging to Avudaiappa Pillai, who sold the same to two brothers, namely, Bhakkir Muhaideen Rowther and Asan Mohideen Rowther. Bhakkir Muhaideen Rowther purchased ½ share from his brother Asan Mohideen Rowther and was in enjoyment of the entire property and on 10.08.1962, he sold it to one Pi
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