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C. V. KARTHIKEYAN
R. Manickam (Deceased) – Appellant
Versus
S. Pandiyan (Deceased) – Respondent
JUDGMENT
(Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree dated 05.11.1997 in A.S.No. 24 of 1993 on the file of the Subordinate Judge's Court, Ariyalur, reversing the Judgment and Decree dated 28.04.1992 made in O.S.No.298 of 1990 on the file of the District Munsif Court, Ariyalur.)
1.The plaintiff/legal representatives of the plaintiff in O.S. No. 298 of 1990 on the file of the District Munsif Court at Ariyalur are the appellants herein.
2. O.S. No 298 of 1990 had been filed by the plaintiff, R. Manickam against his brother Sundaram, shown as the 2nd defendant, S. Pandiyan, the son of Sundaram, sown as the 1st defendant and Amsu, wife of Gurusamy Chettiar, shown as the 3rd defendant, seeking declaration of title and consequential injunction to protect possession of the suit schedule property.
3. By judgment dated 28.04.1992, the suit had been decreed.
4. S. Pandiyan, the 2nd defendant then filed A.S. No. 24 of 1993 before the Sub Court at Ariyalur. By judgment dated 05.11.1997, the appeal suit was allowed and the judgment in O.S. No. 298 of 1990 was set aside and the suit was dismissed.
5. The plaintiff, R. Manickam then fil
The judgment emphasizes the importance of valid documentation for establishing property ownership and highlights the contradictory nature of claiming adverse possession against one's own property.
A claim of adverse possession necessitates proving hostile ownership and fulfilling specific legal criteria, with the burden of proof shifting between parties during litigation.
Plea of adverse possession raised by defendants against their own father cannot be accepted.
The central legal point established in the judgment is the requirement for a party seeking specific performance to prove the execution of the sale agreement and demonstrate readiness and willingness ....
The plaintiff's failure to prove the execution of the sale agreement and her readiness and willingness for specific performance, along with the defendant's established possession and enjoyment of the....
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