9911796707
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Dispute over leasehold properties between two brothers, possession of suit properties, validity of Will and allotment, entitlement to injunction. Analysis: The case involved a dispute between two brothers over leasehold properties left by their father. Ramasamy claimed possession of the properties since 1962, while Muthiah asserted ownership based on a Will. The trial court and first appellate court ruled in favor of Ramasamy, finding him in sole possession of the properties. Muthiah failed to prove the validity of the Will or any allotment in his favor. The High Court, on second appeal by Muthiah, introduced new inferences questioning the possession and joint ownership of the leasehold rights. Despite this, the High Court did not provide its own findings on the matter, leaving the question of title unsettled for future proceedings. The Supreme Court criticized the High Court's decision, stating that the High Court overstepped its jurisdiction by reassessing evidence and interfering with findings of fact made by the lower courts. The High Court's doubts and inferences did not change the established facts of the case, which were in favor of Ramasamy's possession of the properties. The High Court's failure to address the actual issue raised by the parties, the sufficiency of proof, and the absence of any challenge to the possession of Ramasamy on legal grounds led the Supreme Court to conclude that the High Court erred in reversing the lower courts' decisions. In its final judgment, the Supreme Court allowed the appeal, restoring the trial court's judgment and decree in favor of Ramasamy. The Supreme Court emphasized that the High Court's interference was unwarranted, and there would be no order for costs in the Supreme Court. The case highlights the importance of respecting findings of fact made by lower courts and the limitations of the High Court's power in second appeals, particularly in matters of possession and entitlement to relief like injunctions.
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