Perumal v. K.Gunalan
Case brief
What is this about?
The High Court of Madras dismissed two second appeals. The appellant failed to prove his title or purchase of shares from sisters, while the respondent successfully proved ownership and possession of specific land via a sale deed, confirming the lower courts' decrees.
What did the court decide?
The two second appeals were dismissed, and the connected miscellaneous petitions were closed. The original decrees in the lower suits remained in favor of the respondent.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
S.A.Nos.581 and 582 of 2008 and M.P.Nos. 1 and 1 of 2008
Perumal ... Appellant in S.A.Nos.581 and 582 of 2008
versus
K. Gunalan ..Respondent in S.A.Nos.581 and 582 of 2008
Prayer in S.A.No.581 of 2008:
Second Appeal filed against the judgment and decree dated 29.01.2007 made in A.S.No.198 of 2006 on the file of the Principal Subordinate Judge, Salem confirming the judgment and decree dated 03.02.2006 made in O.S.No.1169 of 2004 on the file of the II Additional District Munsif, Salem.
Prayer in S.A.No.582 of 2008:
Second Appeal filed against the judgment and decree dated 29.01.2007 made in A.S.No.197 of 2006 on the file of the Principal Subordinate Judge, Salem confirming the judgment and decree dated 03.02.2006 made in O.S.No.420 of 2003 on the file of the II Additional District Munsif, Salem.
Issues for consideration
2 issues framed by the court
Whether the appellant's failure to produce proof of purchasing shares from his sisters disentitles him to reliefs sought in the original suits.
Whether the respondent, who produced a valid sale deed and proved possession of the specific property defined by boundaries, was entitled to a declaration and permanent injunction.
Parties & counsel
- appellant
Perumal
- respondent
K. Gunalan
Coram
P.T. Asha
Case details
As recorded by the court registry
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