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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.Dhanabal, J
Gopi – Appellant
Versus
Syed Yahoob – Respondent
| Table of Content |
|---|
| 1. procedural history of suit and appeals (Para 1 , 2 , 3 , 4) |
| 2. parties' conflicting title and possession claims (Para 5 , 6) |
| 3. trial proceedings, evidence, and lower court decisions (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. substantial questions on title, injunction, and s.34 sra (Para 13 , 14 , 15) |
| 5. analysis of evidence and commissioner report on possession (Para 18 , 19 , 20 , 21) |
| 6. errors in first appellate court's reliance on revenue records (Para 22 , 23) |
| 7. revenue records do not confer title; injunction maintainable without declaration (Para 24) |
| 8. appeal allowed, trial court decree restored (Para 25) |
JUDGMENT
This second appeal has been preferred as against the judgment and decree dated 23.12.2014 passed by the learned Principal District Judge, Vellore, in A.S.No.23 of 2013.
2. The defendant is the appellant herein and the respondent herein has filed a suit in O.S.No.467 of 2009 for the relief of permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit property and for costs.
3. The trial Court partly decreed the suit and granted permanent injunction on the eastern side of the cement road as men
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