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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
M.Jayakumar – Appellant
Versus
N.Sudha – Respondent
| Table of Content |
|---|
| 1. plaintiff claims title via loan repayment; defendant asserts valid purchase. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 9) |
| 2. appellant argues mortgage status and limitation bar. (Para 10) |
| 3. section 14(1) deems property absolute; title proved by deeds. (Para 11 , 12 , 13 , 14 , 15) |
| 4. unproven title/mortgage fails; sale deed upheld. (Para 16 , 17) |
| 5. possession recoverable within time; appeals dismissed. (Para 18 , 19 , 20) |
C O M M O N J U D G M E N T
The unsuccessful plaintiff in O.S.No.1462 of 2011 is the appellant in S.A.No.248 of 2046. The suit is for declaration of title and for permanent injunction. The plaintiff had also sought for a declaration that Sale Deed dated 25.06.2008 executed by 1st defendant in favour of the 2nd defendant was null and void. The suit was dismissed by the Trial Court. The first appeal filed by the plaintiff was also dismissed. Challenging the concurrent finding against him, the appellant/plaintiff preferred second appeal in S.A.No.248 of 2026.
2. In the suit for declaration of title and permanent injunction filed by the plaintiff, the deceased 2nd defendant filed counter claim seeking recovery of possession from the plaintiff. The Trial Court d
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