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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Muthuramalingam (Died) – Appellant
Versus
Rajapandian (Died) – Respondent
| Table of Content |
|---|
| 1. commencement of appeals and identification of parties. (Para 1 , 2) |
| 2. factual background and initial claims of ownership. (Para 3 , 4 , 5 , 6) |
| 3. litigation history and court decisions. (Para 7 , 8 , 9 , 10) |
| 4. arguments presented by the parties. (Para 14 , 15) |
| 5. judicial analysis and findings. (Para 16 , 17) |
| 6. final judgment and dismissal of appeals. (Para 18) |
COMMON JUDGMENT
These second appeals arise out of O.S.No.122 of 2010 on the file of the District Munsif Court, Kovilpatti and A.S. Nos.24 and 25 of 2016 before the Subordinate Judge, Kovilpatti. The plaintiffs in the said suit are the appellants in the present second appeals.
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3. Pleadings:
The Plaint in brief::
3.1. The suit property belonged to Yesaiyya, who is the father of the second defendant. The father of the plaintiff, viz., Pandithevar entered into an unregistered sale agreement with the said Yesaiyya on 31.10.1974 and having paid the entire sale consideration was put in possession of the suit property, even on the date of the sale agreement. The father of the plaintiff died in the year 2002 and thereafter
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