M.Sakthivel, v. R.Sivaraj
Case brief
What is this about?
Second appeal against a decree of injunction in a property partition suit involving inconsistent sale and settlement deeds. Dismissed.
What did the court decide?
Second appeal and connected miscellaneous petition dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.12.2016
Coram:
The Honourable Mr.Justice M.M.SUNDRESH
S.A.No.1013 of 2015 and M.P.No.1 of 2015
1.M.Sakthivel
2.Radha .. Appellants/Defendants Vs. R.Sivaraj .. Respondent/Plaintiff Second Appeal is filed under Section 100 C.P.C., to set aside the judgment and decree dated 22.07.2015 made in A.S.No.10 of 2014 on the file of Sub Court, Bhavani, confirming the Judgment and Decree dated 03/01/2014 made in OS.No.240/2009 on the file of Principal District Munsif Court, Bhavani.
For Appellants : Mr.N.Manokaran
For Respondent : Mr.P.Valliappan
JUDGMENT
The suit has been laid for permanent injunction in pursuant to the execution of Ex.A2 sale deed from the vendor. The plaintiff is the purchaser under Ex.A2 and the remaining portion has been settled in favour of the first appellant under Ex.A5 being the first defendant. The suit property originally belonged to one Mariyanna Gounder. The said Mariyanna Gounder has two sons. The suit schedule property was settled by the father in favour of the plaintiff under Ex.A2. Now the suit has been laid for the property covered under Exs.A1 and A2 except 48 sq. ft.
Issues for consideration
3 issues framed by the court
Whether the Courts below were right in decreeing the suit when there is no description for 48 square of land in C-Schedule property in possession of defendants.
Whether the Courts below were right in decreeing the suit when the suit property has not been described.
Whether Order II Rule 2 of CPC prevents maintainability of suit for injunction after sale deed execution not followed for possession of another portion.
Parties & counsel
- appellant
M.Sakthivel
- appellant
Radha
- respondent
R.Sivaraj
Coram
Case details
As recorded by the court registry
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