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2011 Supreme(Mad) 1839

G.RAJASURIA
Suseela – Appellant
Versus
P. M. Veeraragavan – Respondent


Advocates Appeared:
For the Appellants :M/s. V. Raghupathi, G. Devi & V. Venkatesan, Advocates. For the Respondent:G. Masilamani, Sr.counsel for K. Surendranath, M.S.Krishnan, Sr,counsel for M/s. Sarvabhauman Associates and Mohammed Fayazali, Advocates.

Judgement Key Points

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

  1. The court found that the plaintiffs in O.S. No.485 of 1995 were not required to file a suit for declaration of title because their ownership was challenged by the plaintiffs in O.S. No.547 of 1993. The lower courts correctly applied the law and burden of proof in their decisions (!) (!) .

  2. The court upheld the validity of the sale deed (Ex.A2) and concluded that the land in S.No.147/2 was sold by the legal heirs of Gopal Chettiar, not Gopal Naicker, who was the owner of S.No.147/1 and had already been acquired by the government. The alleged mistake in the survey number was deemed a misdescription that did not affect the identity of the property sold (!) (!) (!) (!) .

  3. The court determined that the power of attorney granted to Umapathi was valid and not invalidated by evidence suggesting the principal's death prior to the sale (!) (!) (!) .

  4. Allegations of collusion between Gopal Naicker and the Tamil Nadu Housing Board to alter survey numbers were dismissed due to lack of supporting evidence (!) (!) (!) .

  5. The land acquisition proceedings and related notifications clearly indicated the ownership and survey numbers, supporting the conclusion that the land in question was correctly identified and that the sale was of the land in S.No.147/2, despite some discrepancies in survey number notation (!) (!) (!) .

  6. The court emphasized that misdescription or clerical errors in documents such as sale deeds or survey references do not necessarily vitiate the transaction, provided the true identity of the property can be ascertained from the surrounding evidence (!) (!) (!) .

  7. The evidence on record, including oral testimony and documentary proof, was properly appreciated, and the courts below correctly concluded that the plaintiffs in O.S. No.485 of 1995 had established their ownership and possession rights, while the plaintiffs in O.S. No.547 of 1993 and 486 of 1995 lacked title (!) (!) (!) .

  8. The court dismissed the second appeals, affirming the judgments of the lower courts, and clarified that the legal and factual findings were sound and based on a proper interpretation of evidence (!) (!) (!) .

  9. It was also held that the non-examination of certain witnesses or parties did not adversely affect the outcome, especially when documentary evidence was sufficient to establish the facts (!) (!) .

  10. The court reinforced that fraud, misrepresentation, or collusion must be supported by concrete evidence; otherwise, claims based on such allegations are not sustainable (!) (!) (!) .

In summary, the court's decision centered on the correctness of the identification of the property, the validity of the sale deed, the proper application of legal principles regarding misdescription and documentary interpretation, and the sufficiency of evidence to establish ownership and possession, leading to the dismissal of the second appeals.


Judgment :-

1. S.A.No.896 of 2007 and S.A.No.898 of 2007 were filed by the plaintiffs in O.S.No.547 of 1993 and O.S.No.486 of 1995, respectively, and S.A.No.897 of 2007 was filed by the defendants in O.S.No.485 of 1995, inveighing the common judgment and decrees dated 15.9.2006 passed by the Principal District Judge, Chengalpattu, in A.S.Nos.96, 98 and 97 of 2004 confirming the common judgment and decrees dated 20.1.2004 passed by the Subordinate Judge, Poonamallee, in O.S.Nos.547 of 1993, 486 and 485 of 1995, respectively, which were filed for declaration and for recovery of possession.

2. The parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

3. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of these second appeals would run thus:

(a) The following three suits emerged seeking various reliefs, which are extracted hereunder:

O.S.No.547 of 1993 (S.A.No.896 of 2007):

"a. To declare that the plaintiffs are the absolute owners of the suit property;

b. to direct the defendants to quit and deliver vacant possession of the suit property after removing the su










































































































































































































































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