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A. BADHARUDEEN
Omana, D/o Kamalakshi Amma – Appellant
Versus
Leela, D/o Manka – Respondent
JUDGMENT :
Defendant in O.S.No.352/2011 on the files of the Additional Munsiff Court, Cherthala, is the appellant and he has filed this Regular Second Appeal under Section 100 r/w Order XLII Rule 1 of the Code of Civil Procedure, through Legal Aid Counsel. Respondents are the plaintiffs in the suit.
2. The appellant assails decree and judgment in the above suit, dated 20.9.2014 and decree and judgment in A.S.No.84/2014 on the files of the Sub Court, Cherthala, whereby, the trial court verdict was confirmed.
3. Heard both sides in detail. Perused the records.
4. I shall refer the parties in this appeal as 'plaintiffs' and 'defendant', for convenience.
5. At the time of admission, my learned predecessor, as per order, dated 6.2.2023, raised the following substantial questions of law:
(B) Whether the decree of recovery of possession granted is legal when Ext.A2 sale deed is silent about transfer of building under construction?
6. Coming to the brief facts, a suit was filed by the plai
Permanent structures are essential for an irrevocable license under Section 60(b) of the Indian Easements Act; temporary constructions do not confer protection against revocation.
The main legal point established in the judgment is the requirement to prove permissive possession and adverse possession, as well as the elements necessary to establish adverse possession under the ....
The court established that an arrangement characterized as a lease cannot be contested as a license, impacting the right to recover possession, which necessitates a suit for recovery rather than a ma....
In a suit for permanent injunction, the plaintiff must establish possession; failure to contest evidence leads to confirmation of ownership and injunction.
In a suit for permanent injunction, the plaintiff must establish possession of the property to obtain relief, and mere claims of ownership by a defendant do not suffice to cloud the title of the plai....
A landowner retains ownership of appurtenant land despite physical deterioration of the building, as possession based on historical claims and will documentation is recognized under relevant statutor....
In a suit for permanent injunction, a plaintiff must establish possession; mere claims of ownership without evidence do not suffice to challenge established rights.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
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