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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.Dhanabal, J
K.Jothilakshmi – Appellant
Versus
Rajara, Reddiar – Respondent
| Table of Content |
|---|
| 1. parties' claims on title and possession of suit property. (Para 1 , 2 , 3 , 4) |
| 2. trial proceedings, evidence, and issues framed. (Para 5 , 6 , 7) |
| 3. appellate court proceedings and additional evidence. (Para 8 , 9 , 10) |
| 4. appellant's title trace via partition and boundaries. (Para 12) |
| 5. respondent's title via settlement and auction sale. (Para 13) |
| 6. property misidentification; distinct ownership chains. (Para 17 , 18 , 19 , 20 , 21) |
| 7. non-joinder of necessary party requires remand. (Para 22 , 23) |
| 8. appeal allowed; case remanded for fresh trial. (Para 25) |
JUDGMENT
1.This Second Appeal has been preferred as against the decree and judgment passed by the learned District Munsif, Madurantakkam in O.S.No.98 of 2010 dated 29.07.2013.
2. The appellant is the plaintiff who filed the suit in O.S. No.98 of 2010 on the file of the District Munsif Court, Maduranthakam to declare the title of the plaintiff and for consequential relief of permanent injunction and to declare the settlement deed executed in respect of the suit property as null and void. The trial Court dismissed the suit and the plaintiff filed an appeal in A.S. No.79 of 2013 on the file of the Sub Court, Maduranthak
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