IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
K.M.Jeyaraman – Appellant
Versus
Chinnu alias Chinnasamy – Respondent
| Table of Content |
|---|
| 1. plaintiffs established title via prior final decree; defendant claims adverse possession. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendant's purchase pendente lite; examined as witness in prior suit. (Para 7 , 8) |
| 3. lis pendens applies; adverse possession unproven within limitation; appeal dismissed. (Para 9) |
JUDGMENT
The unsuccessful defendant is the appellant. The respondents herein filed a suit seeking recovery of possession. The suit was decreed by the trial court. The appeal filed by the appellant was also dismissed. Challenging the concurrent findings against him, he has come before this Court by way of second appeal.
2. According to the respondents/plaintiffs, the suit property originally belonged to his father Puttan. After his death, the first plaintiff and his brother Chandan are in joint possession of the suit property. The said Chandan is no more and his legal representatives were added as respondents 2 to 8. It is also stated by the plaintiffs that one Murugan, vendor of the appellant/defendant, attempted to interfere with the possession of the first plaintiff and his brother Chandan in the year 1995. Hence, the first plaintiff and his brother Chandan filed a s
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