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ABDUL QUDDHOSE
Murugesan – Appellant
Versus
Narayanavadivoo – Respondent
JUDGMENT :
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the Judgment and Decree dated 21.09.2016 made in A.S.No.103 of 2013 on the file of the I Additional Subordinate Judge at Nagercoil, confirming the judgment and decree dated 03.09.2013 made in O.S.No.821 of 2009 on the file of the Principal District Munsif, Nagercoil and allow this second appeal.
This Second Appeal has been filed challenging the concurrent findings of the Courts below. The parties are described as per the litigative status in the suit. The plaintiff in the suit is the appellant herein. The suit in O.S.No.821 of 2009 was filed on the file of the Principal District Munsif Court, Nagercoil, against the respondent/defendant seeking for the relief of declaration of title, recovery of possession, future mesne profits and for permanent injunction. The suit schedule property is the house site having an extent of 2.333 cents out of 7 cents in S.No.1639, Iravipudur Village, Agastheeswaram Taluk, Kanyakumari District.
2. The case of the plaintiff as seen from the plaint are as follows:
(a) He is an adopted son of Kamalachi;
(b) According to the plaintiff, the suit schedule property or
Plea of adverse possession raised by defendants against their own father cannot be accepted.
The court affirmed that the burden of proof lies with the plaintiff to establish title, and previous findings on adoption and title are binding under res judicata.
The quality of evidence is more important than the quantity, and witnesses must be given an opportunity to explain any doubts raised about their statements.
Point of law: A perfectly valid adoption deed can be made without an adoption deed and any status which the adopted son gets by virtue of adoption is due to the proper ceremonies being performed and ....
The burden of proof in allegations of fraud lies on the party in active confidence, and claims of ignorance are undermined by the execution of prior documents.
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