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S. S. SUNDAR
S. P. A. Legends Resorts Private Ltd. , Rep. by its Director, Farooq Ahamed Quazi – Appellant
Versus
Jayamurthy – Respondent
JUDGMENT
(Prayer: Second Appeal preferred under 100 of CPC against the decree and judgment dated 16.09.2016 in AS.No.1/2014 passed by the Lower Appellate Court namely the Court of the Principal Subordinate Judge, Tindivanam, dismissing the appeal and confirming the decree and judgment dated 23.10.2013 passed in OS.No.69/2011 passed by the learned Principal District Musif, Tindivanam.)
1. The plaintiff in the suit in OS.No.69/2011 on the file of the learned Principal District Munsif, Tindivanam, is the appellant in the above Second Appeal.
2. The appellant, a private Ltd. Company, filed the suit in OS.No.69/2011 for declaration of appellant’s title in respect of the suit property and for consequential permanent injunction restraining the defendant from interfering with its possession and enjoyment of the suit property.
3. The suit property is described as a property measuring an extent of 3.29 acres in Old S.No.128/3, New S.No.200/3 in Marakkanam Village, Tindivanam Taluk.
4. The case of the plaintiff in the plaint is that the plaintiff is entitled to an extent of 2.89 acres in the suit property by virtue of a Sale Deed dated 22.12.2004 and the remaining 40 cents was purchased by the pla
The burden of proof lies on the plaintiff in a suit for declaration of title, and failure to establish exclusive title can result in dismissal of the claim.
The plaintiff must prove the title over the suit property and cannot succeed based on the weakness of the defendant's case. The procedure for entertaining additional evidence must be followed, and pr....
The plaintiff's establishment of ownership to a high degree of probability shifted the onus to the defendant, leading to the plaintiff's burden of proof being deemed discharged. The suit was maintain....
The principle of nemo dat quod non habet applies, emphasizing the burden of proof on the plaintiff to establish title in a property dispute.
The appellate court determined that the First Appellate Court erred in not properly evaluating the ownership evidence, resulting in incorrect distribution of property rights and affirming the Plainti....
The central legal point established in the judgment is the application of res judicata and its conclusive effect on the title and ownership of the suit properties, based on the previous judgment in O....
The central legal point established in the judgment is the significance of revenue records and possession in establishing legitimate right over the property, the lack of evidence from the defendants ....
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