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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
Akshaya(died) – Appellant
Versus
Sreedharan – Respondent
| Table of Content |
|---|
| 1. parties involved in the suit and their claims. (Para 1 , 2 , 4 , 8) |
| 2. defendants’ defense and contention against plaintiff's claims. (Para 5 , 6 , 10 , 18) |
| 3. legal interpretation of property rights and definitions. (Para 13 , 14 , 19) |
| 4. trial court's evaluation and findings on evidence. (Para 15 , 23) |
| 5. conclusion dismissing the second appeal. (Para 24 , 25) |
JUDGMENT
The Second Appeal is directed against the judgment and decree made in A.S.No.5 of 2022, dated 23.09.2022, on the file of the Additional District Court, Kuzhithurai, confirming the judgment and decree passed in O.S.No.1 of 2005, dated 20.11.2021, on the file of the Subordinate Court, Kuzhithurai.
2. The appellants are the defendants. Pending Second Appeal, the first appellant died and her Legal Representatives were impleaded as the appellants 3 to 5. The respondent/plaintiff filed a suit in O.S.No.1 of 2005, before the Subordinate Court, Kuzhithurai, claiming the relief of declaration that “A” schedule property belongs to him and for recovery of possession of “B” schedule property situated in “A” schedule property.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per
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