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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
Plantation Corporation Of Kerala Ltd, Represented By Its Managing Director – Appellant
Versus
K. Madhavi, W/o. Kapanakkal Kunhiraman – Respondent
JUDGMENT :
EASWARAN S., J.
The defendants in a suit for declaration of title and recovery of possession have come up in the present appeal, aggrieved by the reversal of the findings rendered by the Sub Court, Hosdurg, in O.S. No.168 of 2012, by the Additional District Court-II, Kasaragod, in A.S. No.72 of 2014.
2. The brief facts necessary for the disposal of this appeal are as follows:
Plaint A schedule property originally belonged to Thazhakkat Mana on Jenmam right. One Kappanakkal Kunhiraman, the husband of the 1st plaintiff and father of the other plaintiffs, being a tenant, obtained plaint A schedule property on an oral Kuzhikanam right from the aforesaid Thazhakkat Mana. Later, Kunhiraman obtained Jenmam right over the property from the Land Tribunal, Nileshwar, as per order in O.A. No.3651 of 1976 and thereafter the Land Tribunal issued a purchase certificate in his name. As per the purchase certificate, the plaint A schedule property is a compact plot with common boundaries. The western boundary of the property belonged to P.P. Kannan, who was another tenant under the Thazhakkat Mana, as well as George Thomas Kottukappally. As per the list of tenants approved by the Kerala Stat
Purchase certificate under Kerala Land Reforms Act s.72K is conclusive proof of title; plaintiff must prove own title in possession suit, defendants' non-evidence fails claim.
The court underscored the necessity to properly identify property in title claims, emphasizing remand for further inquiry if identification deficiencies exist, despite title being established.
Receipt of land acquisition compensation without objection establishes title and possession; unimplemented compromise decree does not divest title.
No substantial questions of law arise in second appeal where lower courts' factual findings on title, admissions, and commissioner's report are not perverse.
In injunction suits, establishing possession suffices; title issues arise when challenged by defendants claiming rights, thus not necessitating formal title proof by plaintiffs.
The courts erred in dismissing the plaintiff's suit without addressing critical issues of property title and possession, validating his claim for a declaratory relief against unauthorized deeds.
Concurrent findings on title and property identity not perverse; no substantial question of law under CPC ss.100, 103 for reappreciation.
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
Title established despite suppression of possession claims; equitable discretion in granting remedies emphasized, balancing rights against appreciable misconduct.
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