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Perumal Pillai And Ors. vs Kuppammal And Ors. on 17 November, 1986

9. The learned Advocate-General next contended that the branch of Vedamuthu was not represented in the course of the proceedings and the Court below was, therefore, not in order in granting a declaration in favour of the branch of Vedamuthu. It was also further pointed out that no decree for recovery of possession of the entire property can be given in favour of the respondents, for, the other branch of Vedamuthu may well agree for the appellants continuing to remain in possession of the suit property. On the other hand, the Learned Counsel for the respondents submitted that the respondents herein and the branch of Vedamuthu would be co-owners in respect of the suit property and, therefore, the lower appellate Court was quite right in having declared the title in favour of the respondents and the branch of Vedamuthu. It was also further submitted that it would be open to one co-owner to recover possession of the property belonging to himself and another co-owner from a trespasser for the benefit of the other as well. Reliance was also placed in this connection upon the decision in Karuppan v. Ambalam .
Madras High Court Cites 4 - Cited by 0 - Full Document
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