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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA, J
Paramanandham – Appellant
Versus
Valliammal – Respondent
| Table of Content |
|---|
| 1. dispute over common pathway rights based on conflicting sale deeds and property sketches. (Para 2 , 3 , 4 , 5 , 10 , 11 , 12 , 13) |
| 2. submissions challenge lower appellate findings on pathway proof under section 100 cpc. (Para 6 , 7 , 8) |
| 3. prior sale recitals and lack of explanation uphold common pathway over later claims. (Para 14 , 15) |
| 4. appeal allowed, trial decree restored with declaration and injunction. (Para 16) |
JUDGMENT
The second appeal is filed against the judgment and decree in A.S.No. 171 of 2005, dated 14.10.2005, on the file of the learned Principal Sub Judge, Tirunelveli, reversing the judgment and decree of the learned II Additional District Munsif, Tirunelveli, made in O.S.No.653 of 2002, dated 01.12.2004.
2.The suit property consists of two items. Item No.1 relates to house in S.No.300 2b situated in Urudaiyarpuram, Tachanallur, Tirunelveli District.
Item No.2 relates to the common passage measuring three feet to eighty feet.
3.The plaintiff's case is that the suit properties originally belonged to one C.M.Karuppan and Gomu Ammal. Upon the death of C.M.Karuppan, his sons, namely, Olimuthu, Gurusamy, Thiyagarajan and Durairaj, inherited the property.
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