LAWS(MAD)-2023-7-51

C.S. BALAKRISHNAN Vs. T. AMUDAN ANTONY (DECEASED)

Decided On July 10, 2023
C.S. Balakrishnan Appellant
V/S
T. Amudan Antony (Deceased) Respondents

JUDGEMENT

(1.) The Suit is laid for recovery of possession of the Suit property from the Defendants. The Plaintiffs have taken out an Application under Order 15, Rule 3, C.P.C. to decree the Suit without trial in view of the fact that Title of the First Plaintiff over the property in lis had been conclusively decided against the Defendants in the earlier rounds of litigation.

(2.) The brief facts are:

(3.) Even though Balakrishnan was successful in establishing that Amudan did not have Title, still he could not obtain the entire benefit as he was still required to obtain vacant possession from Amudan on the strength of his vested Title. Almost immediately after the disposal of A.S. No.380 of 2006 in 2010, he along with other Plaintiffs, laid the present Suit, for recovery of possession of the property from Amudan.