High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE A.C. ARUMUGAPERUMAL ADITYAN
Rajendran
Versus
Govindasami & Others
Second Appeal Nos.617 of 1997 & 618 of 1997
Decided On : 13-02-2007
Property Dispute - Land Ownership - [Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, Section 3(2)(a); Transfer of Property Act, 1882, Section 54] - The judgment discusses the ownership of the land, relying on various documents such as sale deeds, settlement deeds, and lease deeds. The court interprets the validity and implications of these documents to determine the rightful ownership of the disputed property.
Fact of the Case:
The case involves two appeals against the judgment and decree in two separate suits for permanent injunction and declaration of title. The trial court dismissed one suit and decreed the other. The appeals were allowed in favor of the appellants, leading to further appeals.
Finding of the Court:
The court analyzed the documents related to the ownership of the disputed property, including sale deeds, settlement deeds, and lease deeds. It considered the boundaries and extent of the property to determine the rightful ownership. The court found that the sale deed in favor of the plaintiff was valid only for a specific portion of the property, and the decree and judgment of the trial court were set aside accordingly.
Issues: The main issues revolved around the interpretation and validity of the sale deed, settlement deed, and lease deed, as well as the boundaries and extent of the property. The court also considered the reliance on unregistered lease deed over a registered sale deed and the application of legal principles in similar cases.
Ratio Decidendi: The court's decision was based on the interpretation of the documents related to the property ownership, particularly the sale deed, settlement deed, and lease deed. It emphasized the importance of boundaries and extent in determining ownership rights.
Final Decision: The court allowed one appeal and set aside the judgment and decree of the trial court, dismissing one suit and decreeing the other in part. The parties were directed to bear their respective costs.
Common Judgment:
These appeals have been preferred against the Judgment and decree in A.S.No.24 of 1993 and A.S.No.37 of 1993 on the file of the Court of Subordinate Judge, Cuddalore against the decree and judgment dated 11. 1993 made in O.S.Nos. 399 of 1990 and 375 of 1990 respectively. The defenant in O.S.No. 399 of 1990 who has succeeded before the trial Court had lost his case in the appeal is the appellant in S.A.No.617 of 1997. The defendant in O.S.No.375 of 1990 who has lost his case in the appeal is the appellant in S.A.No.618 of 1990.
S.A.NO.617 OF 1997: The short facts in the plaint in O.S.No.399 of 1990 relevant for the purpose of deciding this appeal are as follows:
2. The suit is for permanent injunction in respect of the plaint schedule property which is 2 Acres and 7 ½ Cents in Old Survey No.694/1 out of 11 Acres 8 Cents. The new survey Number is 21/1 measuring 0.83.0 ares. The plaint schedule property absolutely belonged to Anjalai Ammal. She along with her son leased out the suit property to the plaintiff under a lease deed dated 110. 1989. The lease is for a period of two years. The annual lease rent is Rs.500/- In pursuance of the lease deed the plaintiff is in possession of the suit property as a lessee. He is a cultivating tenant to the suit property. The defendant has no right or interest whatsoevr in the suit property. However, the plaintiff is making attempt to trespass into the suit property and trying to pluck the cashewnuts. If the defendant is allowed to trespass into the suit property, it will result in heavy loss to the plaintiff. Hence the suit for injunction.
3. The defendant in his written statement would contend that the suit property never belonged to Anjalaiammal. It is also not true that the said Anjalaiammal leased out the suit property to the plaintiff. The plaintiff is never in possession of the suit property as a lessee. The plaintiff is not personally cultivating the suit property as a tenant much less a cultivating tenant. The suit properpty originally belonged to one Sinthamani Ammal, mother of Kasi Samuttiar. Sinthamani Ammal has been in possession and enjoyment of the property by paying the land tax to the Government. She had settled about one half of the property with specific boundaries to her son Kasi Samuttiar under a settlement deed dated 30.3.1963 and delivered possession. At the time when the property was settled by Sinthamani Ammal in favour of his son, there was a partition in the family between Kasi Samuttiar and his brothers. With the consent of Sinthamani Ammal, the remaining extent purchased by Sinthamani Ammal and some more extent in the same survey number which belonged to the family was allotted to the plaintiff. The patta has b een transferred in the name of Kasi Samuttiar in Patta No.188. A borewell was sunk by Kasi Samuttiar and for the said purpose the other properties which belonged to the family were mortgaged to Cuddalore Cooperative Land Development Bank. Kasi Samuttiar validily sold the property to the defendant on 22. 1990 and delivered possession. Anjalaiammal has absolutely no title or interest in the property. Anjalai Ammal is the daughter of one Pavadai. The said Pavadai who sold the property to Sinthamani Ammal under a validly executed sale deed. So after the sale, Pavadai has no interest and Anajalaiammal also cannot claim any interest. The lease deed propounded is a fabricated one. The plaintiff is not entitled to the relief of injunction. Hence the suit is liable to be dismissed.
S.A.No.618 of 1997:
4. The short facts in the plaint in O.S.No.375 of 1990 relevant for the purpose of deciding this appeal are as follows:
The suit is for declaration of plaintiffs title and also for consequential permanent injunction in respect of the plaint schedule old Survey No. 694/1(Re-survey number21/1) measuring 2 Acres 7 ½ Cents out of 11.08 acres in Vellakarai Village, Cuddalore District. The whole extent of the plaint schedule property belonged to
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