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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI,
Akhila Kerala Dheevara Sabha – Appellant
Versus
Rosamma W/o P.J. Joseph – Respondent
JUDGMENT :
T.R. RAVI, J.
1. The defendants in a suit for fixation of boundary, mandatory injunction, and perpetual injunction, who have lost their cause before the trial court and the First Appellate Court, have filed this appeal. Even though notice was ordered on the petition for condonation of delay and the delay was condoned, the appeal has not so far been formally admitted after framing any substantial question of law. Since the appeal has been pending for the past three years, and the respondents have also appeared, I am proceeding to hear the appeal finally on the questions of law formulated in the memorandum of appeal.
2. The plaintiffs trace their title to a Will executed on 19.11.1968 by the grandfather of the original plaintiff. The original plaintiff died pending suit. The grandfather died on 18.7.1974, six years after the execution of the Will. It is stated that the properties of an extent of 79 cents, were purchased by the great grandfather of the plaintiff, in a court sale. The plaint schedule property of an extent of 39.5 cents is situated on the northern side of the entire extent. The plaintiff's predecessors released the balance of 39.5 cents on the southern side to t
Injunctions can be granted without requiring possession recovery when ownership is established and encroachments are proven, notwithstanding claims of adverse possession.
A suit for mandatory injunction is maintainable without a recovery of possession prayer when the plaintiff's title is not in dispute, and concurrent findings of fact by lower courts warrant no interf....
A suit for mandatory injunction can be maintainable without a recovery of possession claim; limitation starts when the plaintiff recognizes non-compliance.
Proper identification of properties based on respective title deeds supported by old survey plan and new survey plan is necessary to grant reliefs sought in a suit for injunction and counter claim fo....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
A suit for fixation of boundary cannot be a shortcut or substitute for recovery of possession and that the remedy if any, of the plaintiff was to sue for recovery of possession on the strength of tit....
Possession claims can be established through prior judgments, even in the absence of explicit title declarations in the current suit.
A simple suit for injunction is not maintainable when there is a dispute over title, and the plaintiffs must prove possession within the claimed boundaries.
The main legal point established in the judgment is that the possession follows title, and in cases of vacant property, the person able to establish title is considered to be in possession. The court....
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