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S. S. SUNDAR
M. Manikandan – Appellant
Versus
C. Kamatchi – Respondent
JUDGMENT
(Prayer: Second Appeal preferred under 100 of CPC against the judgment and decree made in AS.No.41/2016 dated 04.09.2021 by the learned Additional Subordinate Judge, at Dharmapuri, reversing the judgment and decree in OS.No.206/2012, dated 27.03.2015 by the learned District Munsif, Dharmapuri.)
(1) This Second Appeal is preferred by the defendants in the suit in OS.No.260/2012 as against the judgment and decree of the Lower Appellate Court, namely, the learned Subordinate Judge, Dharmapuri, in AS.No.41/2016, dated 04.09.2021, reversing the judgment and decree of the Trial Court, namely, the learned District Munsif, Dharmapuri, dated 27.03.2015, dismissing the suit in OS.No.260/2012.
(2) The 1st respondent in this Second Appeal, as plaintiff, filed the suit in OS.No.260/2012 for declaration of her title and for consequential injunction in respect of the suit properties which were described by two items. The 1st item is an extent of 0.07.5 Hectares in S.No.243/4 in Tokkupothanahalli Village, Dharmapuri Taluk and the 2nd item is an extent of 0.37.0 Hectares in S.No.245/B2A in the same village.
(3) The case of the plaintiff in the plaint are as follows: The suit properties origina
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Registered attested documents like settlement deeds require proof of execution under S.68/69 Evidence Act; registration presumes no validity when challenged.
The appellate court misdirected its assessment, failing to recognize that property ownership and identity were sufficiently proven by prior deeds and tax records.
The court emphasized the importance of establishing valid title and possession in property disputes, and upheld the lower courts' decisions based on the proper appreciation of evidence.
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 onus of proving the defence of ouster/adverse possession in a suit for partition, the estoppel of the respondents, and the conduct of the second respondent in not filing any suit and obtaining a ....
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