M. Ganesan, v. Chinnappa
Case brief
What is this about?
Appeal dismissed. Holds revenue records do not confer title where plaintiff suppressed sale deed evidence created for peace. Dismissed appeal and confirmed lower courts.
What did the court decide?
Second appeal dismissed; judgment and decree of trial and appellate courts confirmed.
What the court decided
S.A.(MD).No.626 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 01.08.2024
DELIVERED ON : 14.10.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
S.A.(MD).No.626 of 2022 and C.M.P.(MD).No.8912 of 2022
M.Ganesan ... Appellant/Appellant/Plaintiff
Vs.
1.Chinnappa
2.Anbalagan ... Respondents/Respondents/Defendants
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the Judgment and Decree passed in A.S.No. 2 of 2018 on the file of the Sub Court, Aranthangi, dated 31.01.2022 confirming the Judgment and Decree passed in O.S.No.133 of 2013 on
Issues for consideration
3 issues framed by the court
Whether revenue documents confer title to the appellant over suit schedule property in absence of documents on the side of defendant?
Whether courts were right in law by dismissing suit despite plaintiff discharging initial burden of proving claim?
Whether appellate court was right in not independently considering oral and documentary evidence under Order 41 Rule 33 CPC?
Parties & counsel
- appellant
M.Ganesan
- respondent
Chinnappa
- respondent
Anbalagan
Coram
Case details
As recorded by the court registry
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