Subratra v. Malathi
Case brief
What is this about?
In a Second Appeal regarding a bare injunction suit, the High Court dismissed the appeal, upholding lower courts' findings that the appellant failed to prove possession due to falsified lease and unregistered/surchargeable sale deed claims.
What did the court decide?
The Second Appeal dismissed; no order as to costs; connected Miscellaneous Petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.1028 of 2008 & M.P.No.1 of 2008
Subatra ... Appellant/Plaintiff Vs
1.Malathi
2.Ilangovan ... Respondents/Defendants
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgement and Decree of the Additional Sub Court, Mayiladuthurai dated 04.02.2008 made in A.S.No.182 of 2005 confirming the Judgement and Decree of the District Munsif, Sirkali dated 27.10.2005 made in O.S.No.233 of 2002.
The unsuccessful plaintiff before the Courts below is the appellant before this Court. The parties are arrayed in the same array as in the suit. The facts in brief necessary for disposing of the above Second Appeal are as follows:
- The plaintiff had filed a suit O.S.No.233 of 2002 on the file of the District Munsif, Sirkali for a bare injunction in respect of suit schedule properties. It is her case that the property belonged to her mother-in-law Govindammal who had purchased it from one Ramasamy Pillai. Govindammal, besides the plaintiff's husband Paneer Selvam, had three other children, who are the defendants in the suit and one Anbazhagan who had died.
Issues for consideration
2 issues framed by the court
Whether the Second Appeal is vitiated by error in ignoring the marked sale agreement?
Whether the judgment should be set aside ignoring admissions regarding possession?
Parties & counsel
- appellant
Subatra
- respondent
Malathi
- respondent
Ilangovan
Coram
Case details
As recorded by the court registry
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