SANJAY KISHAN KAUL, M. M. SUNDRESH
Seethakathi Trust Madras – Appellant
Versus
Krishnaveni – Respondent
Key Points: - The judgment states that it is not necessary to go into adverse possession since both parties claim title; the crucial issue is the decree obtained for specific performance and manner of obtaining it, with awareness of prior registered transaction in favor of Niraja Devi (!) . - Niraja Devi and subsequent purchasers, including the Appellant, fall within the exception in Section 19(b) of the Specific Relief Act, as transferees who paid money in good faith and without notice of the original contract (!) . - The High Court erred by entertaining the second appeal without properly framing a substantial question of law under Section 100 CPC; framing is mandatory and required before final decision in a second appeal (!) . - The Respondent did not depose in support of her case; the manager’s testimony was not properly authorized and contradicted her own interests, affecting the evaluation of evidence and remedies sought (!) , (!) . - The Court held that the suit should be dismissed in terms of the trial court’s judgment and affirmed by the first appellate court; the impugned High Court judgment is set aside, and appeals are allowed with parties bearing their own costs (!) , (!) . - Delivery of possession by delivery through court process and the genuineness of the delivery receipt were central to whether possession was established, impacting adverse possession considerations (!) , (!) , (!) .
JUDGMENT :
SANJAY KISHAN KAUL, J.
Facts:
1. Land measuring 0.08 cents (100 cents = 1 acre) has seen a dispute spanning almost half a century.
2. One C.D. Veeraraghavan Mudaliar was the original owner of 120 acres of land comprising S.No.44 and 45 at No.18, Othivakkam Village, Chengalpattu Taluk. He entered into an agreement in October, 1959 to sell the Land in favour of Janab Sathak Abdul Khadar Sahib who intended to purchase the same on behalf of the appellant Trust for a sale consideration of Rs.18,000. The appellant Trust was registered under the Societies Registration Act, 1860 originally and now regulated under the Tamil Nadu Societies Registration Act, 1975. The other story is what is set up by the Respondent who claimed that C.D. Veeraraghavan Mudaliar entered into an agreement of sale with her on 10.04.1961 for sale of 50 acres in patta No.61 and paimash No.987/1 of the Land.
3. It is the claim of the Appellant that C.D. Veeraraghavan Mudaliar had sold 50 acres out of 120 acres of land to one Niraja Devi on 16.11.1963 vide registered sale deed, who took possession of the said land and enjoyed the same. These 50 acres were bounded by a hillock in the east, land belonging to C.D.
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