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MADRAS HIGH COURT
G. VENKATESH, – Appellant
Versus
G. SRINIVASAN, – Respondent


JUDGEMENT

This Second Appeal is preferred as against the Judgment and Decree dated 27.03.2014 made in A.S.No.24 of 2013 on the file of the Principal District Judge, Krishnagiri confirming the Judgment and Decree dated 12.08.2010 made in O.S.No.179 of 2005 on the file of the District Munsif Court, Krishnagiri.

2.The following substantial questions of law are suggested by the appellant.

“1.Whether the Courts below have committed an error in ignoring the principles contained under Section 22 of the Hindu Succession Act, while considering the right of preemption claimed by the appellant?

2.Whether the Courts below have committed an error in rejecting the claim of the appellant's right of preemption, on the sole ground, that there was no pleading to that effect and on the other hand the parties have let in evidence in support of their respective claim?

3.Whether the Courts below have erred in rejecting the claim of the appellant's right of preemption without considering the evidence adduced by him to that effect?”

3.The contention of the learned counsel appearing for the appellant is that both the Courts below has not considered the plea raised by the appellant with regard to the preemptive r

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