Narayanan v. Jayaraman
Case brief
What is this about?
This Court dismissed a second appeal filed by an unsuccessful plaintiff. The court upheld the lower courts' rejection of ancient title documents due to the absence of parental documents and lack of proof regarding substantive possession.
What did the court decide?
Second appeal dismissed; judgment and decree of Subordinate Judge confirmed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Narayanan ... Appellant/Plaintiff
Vs. Jayaraman ... Respondent/Defendant
PRAYER: This Second Appeal has been filed under Section 100 of CPC against the judgment and decree made in A.S.No.76 of 2010 dated 30.09.2011 on the file of the Sub Court, Kallakurichi, confirming the judgment and decree dated 19.08.2010 in O.S.No.365 of 2005 on the file of the II Additional District Munsif's Court, Kallakurichi.
For Appellant : Mrs. R.Meenal For Respondent : Mr.R.Syed Mustafa
JUDGMENT
The unsuccessful plaintiff is the appellant herein.
2.This Second Appeal has been filed against the judgment and decree dated 30.09.2011, passed by the learned Subordinate Judge, Kallakurich, in A.S.No.76 of 2010, wherein, the learned Judge has confirmed the order passed by the learned II Additional District Munsif Court, Kallakurichi, in O.S.No.365 of 2005, dated 19.08.2010.
Issues for consideration
3 issues framed by the court
Whether courts are right in rejecting ancient documents under Section 90 of the Evidence Act.
Whether courts ignored possession of appellants mother.
Whether rejection of documents was due to lack of necessary parent documents under Section 122 of Transfer of Property Act.
Parties & counsel
- appellant
Narayanan
- respondent
Jayaraman
Coram
RMT Teekaa Raman
Case details
As recorded by the court registry
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