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2019 Supreme(Mad) 3157

R.SUBRAMANIAN
K. Kasinathan – Appellant
Versus
N. Umasankar – Respondent


Advocates Appeared:
For the Appellant :D. Ravichander, Advocate.
For the Respondents:R. Muralidharan, Advocate.

Judgement Key Points

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

  1. The suit property is approximately 2.50 acres located in Sandoorpalayam village, Cuddalore district, originally owned by Kunjan, who sold it via an unregistered sale deed to Dhandapani (!) .

  2. Dhandapani was in continuous, open, peaceful, and adverse possession of the property from the date of purchase, which the plaintiffs claim has led to title by adverse possession (!) (!) .

  3. Dhandapani died, leaving behind the second plaintiff Thiyageswari and her children, who succeeded to the property. The second plaintiff and her daughter Gayathri subsequently sold part of the property to the first plaintiff through a registered sale deed (!) (!) .

  4. The defendant contested the validity of the sale deed, claiming it was unregistered and thus invalid, and also challenged the claim of adverse possession, asserting that the sale was made within a restricted period and that the property was in possession of Kunjan's family after his death (!) (!) .

  5. The trial court found that the plaintiffs proved their title, citing the unregistered sale deed and possession evidence, and held that the plaintiffs had perfected title by adverse possession (!) (!) .

  6. The appellate court, upon review, disbelieved the authenticity of the sale deed due to alleged discrepancies and concluded that the plaintiffs did not establish adverse possession, leading to the dismissal of the suit (!) (!) .

  7. The second appeal addressed whether the unregistered sale deed could be considered valid, considering legal provisions that require registration for transfers above a certain value, and whether adverse possession could be established based on long-standing possession independent of the sale deed's validity (!) (!) .

  8. The court clarified that under the relevant law, transfers of immovable property of more than Rs.100/- must be registered; otherwise, they are inadmissible as evidence of title or interest (!) (!) .

  9. The court emphasized that a sale deed executed for property valued below Rs.100/- can be valid without registration, but other instruments like settlement deeds require registration regardless of value (!) .

  10. The court ultimately concluded that the plaintiffs had established their title through adverse possession, which was supported by consistent possession records and admissions, and that the lower appellate court's reasoning was flawed (!) (!) (!) (!) .

  11. The court also determined that the decree for declaration of title is in personam and only binds the parties involved, meaning it does not affect other heirs who did not participate in the suit or sale (!) .

  12. The second appeal was allowed, the lower appellate court's judgment was set aside, and the trial court's decree was restored, confirming the plaintiffs' title and possession rights (!) .

  13. No costs were awarded, and connected miscellaneous petitions were closed (!) .

These points summarize the core legal findings and conclusions of the case, focusing on property transfer validity, adverse possession, and the binding nature of decrees.


JUDGMENT :

R. Subramanian, J.

1. The plaintiffs in O.S. No. 261 of 2009 on the file of the District Munsif, Cuddlore who succeeded in obtaining a decree for declaration of title of the first plaintiff to the first item of the suit properties and that of the second plaintiff to the second item of the suit properties and for a permanent injunction on the said decree being reversed by the Appellate court in A.S. No. 21 of 2012 have come up with this second appeal.

2. The case of the plaintiffs is that the suit properties measuring about 2.50 acres in new survey number 79/3 of Sandoorpalayam village, Cuddalore district belonged to one Kunjan. He had sold the said property for a sum of Rs.90/- on 8/8/1966 under a unregistered sale deed and delivered possession to the purchaser namely A. Dhandapani. According to the plaintiffs ever since the date of purchase the said Dhandapani was in possession and enjoyment of the suit property openly, uninterruptedly, peacefully and adverse to the interest of anyone else and he had also prescribed title by adverse possession. It is the further claim of the plaintiffs that the said Dhandapani died on 26/02/2002 leaving behind the second plaintiff Thiyages

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