Chinnaraj vs Iyyer - 2026 Supreme(Mad) 1561

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 1561

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.B.BALAJI
Chinnaraj – Appellant
Versus
Iyyer – Respondent

Advocates Appeared:
For the Appellant : Ms.K. Shwathini, Mr.G. Prabhurajadurai
For the Respondent: Mr.B. Rajesh Saravanan

Table of Content
1. admission of the appeal and questions of law. (Para 2 , 3)

JUDGMENT :

P.B. BALAJI, J.

The plaintiffs, who suffered concurrent findings before the trial Court as well as the First Appellate Court, are the appellants in the present Second Appeal.

2. On 22.02.2023, the above Second Appeal was admitted on the following substantial questions of law:

1. Whether the Courts below are right in dismissing the suit in its entirety when there is an undisputed fact that the plaintiffs and defendants are having equal share in the common well?

2. Whether the documents marked under Ex.A2 to Ex.A9 will prove the possession of the plaintiffs with respect to the suit schedule properties and whether the Courts below are right in dismissing the suit without substantiating the claim of the defendants?

3. I have heard Ms. K. Shwathini, for Mr. G. Prabhu Rajadurai, learned counsel for the appellants, and Mr. B. Rajesh Saravanan, learned counsel for the respondents 1, 3, and 4.

4. The following facts are necessary to adjudicate the Second Appeal.

5. The case of the plaintiffs:

(i) A larger extent of lands comprised in S.No.602/9, to an extent of 3.49 acres out of 4.99 acres, bearing Patta No.1087