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Raman – Appellant
Versus
Subramani Achari (Died) – Respondent
JUDGMENT :
C.V. KARTHIKEYAN, J.
Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 24th October 2002 passed in A.S. No. 7 of 2001 on the file of the Subordinate Judge, Ranipet confirming the Judgment and Decree of the Trial Court dated 29th December, 2000 passed in O.S. No. 206 of 1995 on the file of the District Munsif-cum-Judicial Magistrate No. 1, Walajah, Vellore District.
1. The defendant in O.S. No. 206 of 1995 on the file of the District Munsif cum Judicial Magistrate I, Walajah is the appellant herein.
2. The said suit had been filed by the respondent herein, who died pending the second appeal, and whose legal representatives had been brought on record as 2nd to 4th respondents for permanent injunction restraining the defendant/appellant herein from interfering with peaceful possession of vacant lands measuring 2.86 acres in Dry S. No. 12/1B, in Thenkadapanthangal Village, Walajah, Arakkonam, in the then North Arcot District, now Vellore District.
3. The suit in O.S. No. 206 of 1995 was decreed by judgment dated 29.12.2002.
4. The defendant filed an appeal in A.S. No. 7 of 2001 before the Sub Court at Ranipet. The
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
The absence of a counter claim by the defendant precluded the courts from considering the question of title in a suit for injunction.
The central legal point established in the judgment is that possession follows title, and the requirement of proving a Will in accordance with the law under the Indian Evidence Act, 1872.
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
In a suit for injunction, a clear title can suffice for relief without a declaration if the opposing party fails to substantiate their claims, allowing the rightful possessor to seek protection again....
Revenue records do not confer title or prove possession against commissioner report and admissions showing physical division by road and fencing; injunction suit maintainable on possession without de....
In a suit for permanent injunction, the plaintiff must establish lawful possession and may need to sue for declaration of title if the title is under dispute.
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