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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
G.Khaja Sahib – Appellant
Versus
V.Jameel Ahmed – Respondent
| Table of Content |
|---|
| 1. plaintiff's title via sale deed post-partition; defendant's claim denied. (Para 2 , 3 , 4 , 12) |
| 2. trial court upholds title, encroachment, injunctions based on evidence. (Para 7 , 8 , 9 , 11) |
| 3. appellant challenges findings on title documents, boundaries, lis pendens. (Para 14 , 15 , 16 , 17 , 19 , 20) |
| 4. respondent defends superior title, encroachment proof. (Para 22 , 23 , 24 , 25 , 26) |
| 5. no interference; appeal dismissed upholding decree. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
JUDGMENT
The present first appeal has been filed challenging the decree andjudgementdated 12.01.2017 made in the O.S.No.13 of 2015 on the LearnedAdditional Districtand Sessions Judge, Vellore.
2. The suit was instituted by the plaintiff seeking declaration of title, mandatory injunction, permanent injunction, and damages. The case of the plaintiff is that the suit property originally belonged to one Ismail Sahib, and upon his demise, it devolved upon his legal heirs, namely Razia Begum, Ashiya Begum, Karimunisa Begum, Akbarunissa Begum, Rahimunissa Begum, and Zohara Jabin Begum. One of the daughters, Razia Begum, wife of V. Mohamed Athar Sahib, separated from the family, effected a partiti
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