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2024 Supreme(Ker) 105

A. BADHARUDEEN
Krishnakumar – Appellant
Versus
G. Gopakumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C. Rajendran, B.K.Gopalakrishnanb
For the Respondent: G.Gopakumar (Party-In-Person)

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. A suit for injunction without a prayer for declaration of title is maintainable if the plaintiff is in lawful or peaceful possession of the property and such possession is interfered with or threatened by the defendant. This principle was affirmed by the courts involved in the case (!) (!) .

  2. When the title of the plaintiff is disputed or under a cloud, it is necessary to file a suit for declaration of title along with the consequential relief of injunction. The courts emphasized that a mere suit for injunction is insufficient in such circumstances (!) (!) .

  3. The case involved a dispute over a property purchased through a sale deed, with the respondent seeking a permanent prohibitory injunction against trespass, and the appellant challenging the validity of the sale deed and seeking declaration of nullity (!) (!) .

  4. The courts found that the suit for declaration of nullity of the sale deed was barred by limitation, as it was filed beyond the three-year period from the date of the deed's execution. This limitation was applied based on the relevant legal provisions (!) (!) .

  5. The courts established that the respondent had established possession and title over the property, supported by evidence of purchase, mutation, and payment of land tax. This possession was deemed lawful and continuous (!) (!) .

  6. The legal principles clarified that when a person is in peaceful possession and their possession is threatened, they can seek an injunction without necessarily filing a declaration of title. Conversely, if the title is disputed or under a cloud, a suit for declaration of title becomes necessary (!) (!) (!) .

  7. The courts also discussed the importance of proper pleadings, noting that a suit for injunction alone is not sufficient when the defendant raises a genuine dispute over the title. In such cases, a suit for declaration of title is required (!) (!) .

  8. The judgment reaffirmed that if the plaintiff's possession is peaceful and their title is not disputed, they can seek relief through a suit for injunction. If the title is contested, they must pursue a declaration of title along with the injunction (!) (!) .

  9. The courts dismissed the appeals, holding that the lower courts' decisions were correct, and the suits were properly decreed based on the evidence and applicable legal principles. The respondent was entitled to costs, and all interim orders were vacated (!) (!) .

These points collectively reflect the legal reasoning and principles applied in this property dispute case, emphasizing the importance of proper pleadings, limitation periods, and the distinction between possession and title in property litigation.


JUDGMENT :

R.S.A.No.824 of 2020 has been filed under Section 100 r/w Order XLII of the Code of Civil Procedure, challenging the decree and judgment in O.S.No.583 of 2010 dated 26.02.2015 on the files of Sub Court, Kottayam and the decree and judgment in A.S.No.86 of 2015 dated 06.01.2020 on the files of the Additional District Judge, Kottayam. The appellant is the defendant in the suit – Sri.Krishnakumar. The respondent herein is the plaintiff in the suit – Sri.G.Gopakumar.

2. R.S.A.No.21 of 2021 is also filed by Sri.Krishnakumar, who is the plaintiff in O.S.No.183/2012 on the files of the Sub Court, Kottayam, challenging the decree and judgment of the above said order dated 26.02.2015 and confirmed by the decree and judgment in A.S.No.85 of 2015 dated 06.01.2020 on the files of Additional District Judge, Kottayam. Sri.Gopakumar is the respondent herein also.

3. I shall refer the parties as ‘appellant’ and ‘respondent’ (their status in this second appeal) hereinafter for convenience.

4. At the time of admission of R.S.A.No.824/2020, my predecessor, as per order dated 20th October, 2022, framed the following substantial questions of law.

    (i) Whether the suit filed for injunction without

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