Ravi v. Lakshmanan
Case brief
What is this about?
Second appeal in a property suit regarding title to a well. The High Court upheld the lower courts' dismissal, finding the well was enjoyed in common by the family based on sale deeds and electricity bill evidence, rejecting the claim of exclusive ownership.
What did the court decide?
The Second Appeal was dismissed; the decrees and judgments of the Sub Court and the Trial Court were upheld; the suit was dismissed with costs.
What the court decided
S.A.No.1070 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2024
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
S.A.No.1070 of 2019
- Ravi 2. Vijayakumar ... Appellants
- Vs.
- Lakshmanan
- Rajakumari
- Parimala 4. Prabhu ... Respondents
Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 20.03.2019 passed in A.S.No.12/2014, on the file of the Sub Court, Gingee, Villupuram District upholding the decree and judgment dated 30.09.2013 passed in O.S.No.292/2007, on the file of the Principal District Munsif, Gingee, Villupuram District.
Issues for consideration
3 issues framed by the court
Whether the suit property (a well) was exclusively owned by the plaintiffs or enjoyed in common by the joint family.
Whether the Courts below erred in dismissing the suit on the basis of evidence showing common enjoyment of the well.
Whether the second appeal warrants interference with the concurrent findings of facts of the lower courts.
Parties & counsel
- appellant
Ravi
- appellant
Vijayakumar
- respondent
Lakshmanan
- respondent
Rajakumari
- respondent
Parimala
- respondent
Case details
As recorded by the court registry
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