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C. V. KARTHIKEYAN
Ghewarchan Jain @ G. C. Jain – Appellant
Versus
Arputhamary – Respondent
JUDGMENT
(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.49 of 1994 dated 28.07.1995 on the file of the Sub Court, Kancheepuram confirming the judgment and decree made in O.S.No.88 of 1984 dated 30.11.1993 on the file of the Additional District Munsif Court, Kancheepuram.)
1. The plaintiff in O.S.No.88 of 1984 on the file of the Additional District Munsif Court, Kancheepuram is the appellant herein.
2. O.S.No.88 of 1984 had been filed by the plaintiff, Ghewarchan Jain @ C.G.Jain against the defendant, Arputha Mary seeking permanent injunction restraining the defendant from interfering with the peaceful possession of the plaintiff of the plaint schedule property or in the alternate, to grant mandatory injunction directing the defendant to remove the compound wall as shown in the report of the Commissioner from the property of the plaintiff and also to remove the newly constructed Madras terraced roof portion and hut portion and the encroachment by way of masonary construction in the front road abutting the portion of the plaintiff as stated in the report of the Advocate Commissioner and also for costs of the suit.
3. By judgment
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.
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....
(1) Only when title is clear, Court can decide question of de jure possession.(2) Question of title can be decided only by filing a comprehensive suit for declaration of title and not a suit for inju....
The plaintiff must establish clear title to succeed in a suit for injunction; mere possession is insufficient without title.
Point of law - The general rule is that High Court will not interfere with concurrent findings of the Courts below. But it is not an absolute rule. Some of the well recognized exceptions are where (i....
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....
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
The court maintained that prior judgments and actual possession govern ownership claims in property disputes, reaffirming the principle of res judicata in civil matters.
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