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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
P.Ganesan – Appellant
Versus
Parimala – Respondent
| Table of Content |
|---|
| 1. dispute over suit property possession between family members. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. no title proof or declaration needed for injunction. (Para 7) |
| 3. possession proved by admission and documents, no contra evidence. (Para 8 , 9 , 10) |
| 4. appeal dismissed, injunction decree affirmed. (Para 11) |
JUDGMENT
The defendants in a suit in O.S.No.1790 of 2018 are the appellants herein. 2. The respondent/plaintiff filed the above said suit seeking permanent injunction and it was dismissed by the Trial Court. Challenging the findings of the Trial court, the plaintiff filed an appeal in A.S.No.230 of 2024 and it was allowed by the first appellate court by granting a decree for permanent injunction. Aggrieved by the judgment and decree passed by the first appellate court, the defendants have filed the present second appeal before this court.
3. According to the respondent/plaintiff, she has been in possession and enjoyment of the suit property for the past 21 years, without any disturbance. As per the plaint averments, originally, the suit property was allotted by the Tamil Nadu Slum Clearance Board in favour of one Natarajan, who is the plaintiff’s husband’s grand father. I
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