ARUMUGHAM AND ORS. Vs. VENKATACHALAM
LAWS(MAD)-2018-3-81
HIGH COURT OF MADRAS
Decided on March 05,2018

Arumugham And Ors. Appellant
VERSUS
VENKATACHALAM Respondents

JUDGEMENT

Pushpa Sathyanarayana, J. - (1.)The defendants have preferred the above second appeal aggrieved by the decree granted in favour of the plaintiff in a suit for declaration of title and for injunction.
(2.)The suit is filed by the plaintiff for declaration that he is the owner of the suit properties and for injunction restraining the defendants from disturbing the peaceful possession and enjoyment of the common pathway in 'A','B' and 'C' schedule properties.
(3.)It is the case of the plaintiff that in a partition dated 11. 06. 1984, he was alloted the suit properties. From the date of partition, he has been in enjoyment of the same by paying kist receipts. Adjacent to the plaintiff's property, on the Eastern-Western side are the lands belonging to the third defendant. The first defendant is the younger brother of the second defendant and the second defendant is the eldest sister of the plaintiff respectively. The third defendant is the son of the second defendant and also the plaintiff's sister's son. The third defendant is also the owner of the Eastern side land in Survey No. 18/2A and he is also entitled to 1/2 of 2. 37 acres in Survey No. 18/2A.


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