In this second appeal regarding a suit for declaration of title, permanent injunction, and mandatory removal of a wall, the Madurai Bench held the appellant failed to establish title to the disputed land, dismissing the appeal and confirming lower court decrees.
The Second Appeal is dismissed and the lower court judgments are confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 3/4/2014
CORAM
THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
Second Appeal (MD) No.356 of 2014
Vijayan
Vs
Muthiah ... Respondent
PRAYER: Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 5/8/2008 made in A.S.No.125 of 2006 on the file of the Sub-Court, Sankarankovil, confirming the judgment and decree dated 17/7/2006 in O.S.No.212 of 2003 on the file of the Additional Munsif Court, Sankarankovil.
The appellant is the plaintiff, who has lost in both the Courts have preferred the Second Appeal in a suit for declaration that the second schedule belonged to the plaintiff, consequential permanent prohibitory injunction and for mandatory injunction.
2
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
The Section officer, VR, Section, Madurai Bench of Madras High Court, Madurai TS/08.05.2014/2P-6c
S.A.(MD) No.356 of 2014 3/4/2014
2 issues framed by the court
Whether the appellant could establish title to the second schedule property.
Whether the lower courts correctly dismissed the appeal for failure to prove title.
2 provisions across 1 enactments
Vijayan
Muthiah
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
