IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
Mrs. Kanniammal @ Sakunthala Devi and Ors. - Plaintiffs
Versus
M. Sumathi and Ors. - Defendants
C.S. No. 433 of 2013
Decided On : 23-12-2016
Property Dispute - Declaration of Ownership - O.S. No. 1570 of 1966, Writ Petition No.6332 of 2006, WP.No.6333 & 6357 of 2006, WP.No.28723 of 2006, Writ Appeal No.481 of 2012, Right to Information Act - The court found that the plaintiffs proved their title over the suit property through valid Sale Certificate and orders passed in various writ petitions. The defendants were found to be encroachers without any rights over the property. The court decreed the suit in favor of the plaintiffs, granting declaration of absolute ownership, recovery of possession, and damages.
Fact of the Case:
The plaintiffs filed a suit for declaration of absolute ownership of the property, recovery of possession, and damages against the defendants who were unlawfully squatting over the property.
Finding of the Court:
The court found that the plaintiffs proved their title over the suit property and established their right to declaration of absolute ownership and recovery of possession. The defendants were held liable to pay damages and were restrained from dealing with the property.
Issues: Ownership of the suit property, encroachment by the defendants, validity of the Sale Certificate, and entitlement to damages.
Ratio Decidendi: The plaintiffs established their title over the property through valid Sale Certificate and orders passed in various writ petitions. The defendants were found to be encroachers without any rights over the property, leading to the court's decision in favor of the plaintiffs.
Final Decision: The court decreed the suit in favor of the plaintiffs, granting declaration of absolute ownership, recovery of possession, and damages against the defendants.
The suit has been filed for declaration that the plaintiffs are the absolute owner of the suit property and also directing the defendants 1 to 13 to quit and deliver vacant possession of the suit property and also to pay damages for use and occupation at the rate of Rs.30,000/- per month in respect of the suit property from the date of the plaint till the date of handing over vacant possession by the defendants.
2. The brief facts of the case of the plaintiffs are as follows:
The suit property originally purchased by the father of the plaintiffs in a Court auction on the file of the learned VII Assistant Judge, City Civil Court, Chennai and after demise of the father of the plaintiffs, the plaintiffs have been in the possession and enjoyment of the suit property. The defendants and other original encroachers of the adjacent land were suddenly encroached the plaintiffs property. Therefore, the plaintiffs have made a representation to a Corporation. Since the defendants tried to make unauthorised constructions, the Authorities of Corporation issued notices to the defendants to demolition of the unauthorised constructions. Challenging the same, the defendants have filed various Writ Petitions and the same were dismissed. Since the defendants are unlawfully squatting over the property, the present suit has been filed for declaration and recovery of possession and also for damages.
3. The defendants were absent and set ex parte.
4. The 5th plaintiff was examined as P.W.1 and Ex.P1 to Ex.P24 were marked.
5. P.W.1, in his evidence has stated about the nature of property, the encroachment upon the property by the defendants, and also about the proceedings taken by the Corporation with regard to the suit property.
6. Ex.P1 is the certified copy of the plaint in O.S. No. 1570 of 1966 claiming the partition by predecessor in title. Ex.P2 is the certified copy of Sale Certificate to show that the property was originally purchased by M.V. Govindarajulu Chettiar, in an Court auction which discloses the title of the plaintiff M.V. Govindarajulu Chettiar, who is the father of the plaintiff. Ex.P3 is the certified copy of dismissal order dated 08.03.2006 passed by this Court in Writ Petition No.6332 of 2006 which was filed by Nehru Street Slum Area residents. Similarly in EX.P4 is also the certified copy of dismissal order dated 18.04.2006 passed by this Court in Writ Petition No. 6332 of 2006, which was filed by various encroachers of the property. Ex.P5 is the certified copy of dismissal order dated 18.04.2006 passed by this Court in WP.No.6333 & 6357 of 2006 filed by the 2nd defendant questioning the notices issued by the Corporation. Similarly, Ex.P6 is the photo copy of the order dated 07.12.2011 passed by this Court in WP.No.28723 of 2006 which was filed by the 14th defendant. Similarly Ex.P7 is the Judgment dated 30.03.2012 passed by this Court in Writ Appeal No.481 of 2012 dismissing the grounds raised by the appellants therein. Ex.P8 is the certified copy of affidavit dated 24.07.2006 in WP.No.28723 of 2006, which shows that some of the respondents therein are the encroachers of the Suit property. Ex.P10 is the certified copy of the representation given by one P.Kuppabai and others in the year 2006, which shows that the Corporation in fact, agreed to demolish the unauthorised construction made by the encroachers in the suit property. Ex.P12 is the certified copy of the letter obtained under the Right to Information Act, which shows that the defendants along with others have put up the unauthorised constructions in the year 2006 in the Suit property. Ex.P13 is the certified copy of the representation given by the plaintiff and others to remove the encroachers from the Suit properties. Ex.P14 is the photo copy of the written statement filed by the Electricity Board, which shows that Electricity connection has been given to encroachers in the Suit property. Ex.P15 is the photo copy of the complaint given by the owners to the police,
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