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april 2007

Supreme Court of India · 2007-04-16

KANDAPAZHA NADAR vs CHITRAGANIAMMAL

Citation / case number
SC 1999/14369
Court
Supreme Court of India
Petitioner
KANDAPAZHA NADAR
Respondent
CHITRAGANIAMMAL
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & S.H. KAPADIA

Judgment text excerpt

The Supreme Court upheld the decision of the Madras High Court allowing the second appeal under Section 100 of the Code of Civil Procedure, 1908, affirming the trial court's finding that the plaintiff was entitled to recover possession of the suit property originally owned by Chelliah Nadar. The Court noted that the defendants had no valid claim to the property as they failed to prove their title and had been in wrongful possession since 1973. The Court ordered the defendants to pay past mense profits and affirmed the entitlement of the plaintiff to future mense profits as well.

KANDAPAZHA NADAR vs CHITRAGANIAMMAL · Niyam