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N. ANAND VENKATESH
Chinnasami – Appellant
Versus
Dhanasekaran – Respondent
JUDGMENT
(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 13.9.2013 made in A.S.No.58 of 2012 on the file of the Subordinate Judge, Kallakurichi reversing the judgment and decree in OS.No.699 of 2008 dated 27.6.2012 on the file of the I Additional District Munsif, Kallakurichi.)
1. The present second appeal is a textbook case as to how a litigant can manipulate and agitate a suit before a Court by clever drafting creating an illusion as if there is a cause of action for one of the property which falls within the jurisdiction of the Court and whereas the real dispute is with regard to another property which does not fall within the territorial jurisdiction of the Court and which otherwise could not have been tried by the Court and will be hit by the principle of coram non judice.
2. The defendants are the appellants in this Second Appeal.
3. The respondent/plaintiff filed a suit on the ground that the 1st schedule of the suit properties are the self-acquired properties of the paternal grandfather of the plaintiff and the 2nd schedule properties are the ancestral properties of the paternal grandfather which fell to his sh
The main legal point established in the judgment is that the suit must be filed for a cause of action with respect to all properties forming part of the suit, and the court must have territorial juri....
In a suit for declaration of title, the burden of proof lies on the plaintiff to establish a clear case for granting such relief, not on the weaknesses of the defendant's case.
The main legal point established in the judgment is the application of the bar under Order 9 Rule 9 read with Section 9 of the Civil Procedure Code, which rendered the suits not maintainable.
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 ....
Point of law: Considerations in terms of Section 100 CPC arise only when there is substantial question of law and not mere such questions of law or one based on facts. The learned counsel for the res....
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.
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