M.Selvam v. R.Kumar
Case brief
What is this about?
This Second Appeal challenges a decree for injunction and possession regarding alleged encroachment. The Court held that a co-owner can maintain a suit without impleading other heirs and confirmed the lower courts' finding that appellants encroached 131 sq.ft., dismissing the appeal.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judgment Reserved on Judgment Pronounced on 01.02.2022 16.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
and
CMP.Nos.26630 of 2019 & 13101 of 2021
- M.Selvam
- Amudha ... Appellants/Appellants/Plaintiffs
- R.Kumar
- R.Babu rep. by their power agents
- i. Anna Poorani
ii.Devi ... Respondents/Respondents/Defendants
This Second Appeal is filed under Section 100 of Civil Procedure Code against the decree and judgment passed in A.S.No.446 of 2018 dated 19.02.2019 by XVII Additional Judge, City Civil Court, Chennai confirming the judgment and decree under O.S.No.3556 of 2014 passed on 06.07.2017 by the XIII Assistant Judge, City Civil Court, Chennai.
Issues for consideration
2 issues framed by the court
Whether the suit is maintainable for non-joinder of necessary co-owners?
Whether the appellants encroached upon the respondents' property beyond their entitled share?
Parties & counsel
- appellant
M. Selvam
- appellant
Amudha
- respondent
R. Kumar
- respondent
R. Babu
Coram
Case details
As recorded by the court registry
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