In a Second Appeal regarding a suit for declaration and injunction concerning disputed properties, the High Court dismissed the appeal without admission, holding no substantial question of law arose and the lower courts' findings were not perverse. No costs awarded.
The second appeal was dismissed without being admitted. No costs awarded.
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.
S.A.(MD).No.608 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2019 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
S.A.(MD).No.608 of 2019
Kanusamy
..Appellant
Vs.
Pitchaammal (died) W/o. Natesan Pillai
1.Valliammal 2.Ramasamy
...Respondents
PRAYER: Second Appeal filed under Section 100 of the code of Civil Procedure, to set aside the Judgment and Decree, dated 06.03.2019 passed in A.S.No.11 of 2017, on the file of the Additional District and Sessions Court, Pudukkottai District confirming the Judgment and decree, dated 22.07.2011 in O.S.No.53 of 2000 on the file of the Learned District Munsif-cum-Judicial Magistrate, Keeranur, Pudukkottai District.
For Appellant : Mr.B.Sekar
JUDGMENT
The plaintiff, in O.S.No.53 of 2000, whose suit for declaration and injunction was dismissed, upon confirmation of the same by the lower appellate Court in A.S.No.11 of 2017, has come up with this Second Appeal.
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S.A.(MD).No.608 of 2019
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S.A.(MD).No.608 of 2019
account. The Courts below concluded that the Alayee @ Ahilambal did not have any other land in the proceedings of transfer of patta the revenue records were mutated in the name of the defendants 1 & 2. Therefore, the claim of the plaintiff that the defendants 1 & 2 and his vendor were in possession of the property, was enjoying the same was also negatived by the courts below. Despite best efforts, the learned counsel for the appellant is unable to show that the findings of the Courts below could be termed as perverse. I do not find any question of law much less substantial question of law in order to enable me to entertain the second appeal. Hence, the second appeal fails and dismissed, without being admitted. No costs.
Assistant Registrar ()
// True Copy //
am
To
1.The Additional District and Sessions Court, Pudukkottai.
2.The District Munsif-cum-Judicial Magistrate, Keeranur, Pudukkottai District.
+1 CC to Mr.P.GANAPATHI SUBRAMANIAM, Advocate ( SR-105746[F] dated 18/12/2019 )
S.A.(MD).No.608 of 2019 16.12.2019
VB(13.01.2020) 3P 6C
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2 issues framed by the court
Whether there is a substantial question of law to institute a second appeal.
Whether the findings of the Courts below regarding the vendor's title and partition share are perverse.
Kanusamy
Pitchaammal
Valliammal
Ramasamy
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
