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R. THARANI
Manivasagam – Appellant
Versus
Karmegam – Respondent
JUDGMENT :
PRAYER :- This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 05.09.2011 made in A.S.No.67 of 2011 on the file of Sub Court, Devakottai, confirming the judgment and decree dated 08.12.2010 made in O.S.No.38 of 2009 on the file of Principal District Munsif Court, Karaikudi.
This appeal is filed against the order in A.S.No.67 of 2011 on the file of the Subordinate Court, Devakottai, confirming the judgment and decree in O.S.No.38 of 2009 on the file of the learned Principal District Munsif, Karaikudi. The appellant is the defendant in the original suit. The respondent is the plaintiff in the original suit. The respondent herein filed a suit for permanent injunction.
2.A brief substance of the plaint is as follows:
The suit property is situated in Kazhanivasal village. The plaintiff is having electricity connection and is paying house tax. The plaintiff is in possession of the property from the year 1993, by constructing a small thatched hut and he is using the vacant portion for cultivating vegetables. Two years prior to the filing of the plaint, the plaintiff removed the hut and constructed a house therein and the p
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
In a suit for permanent injunction, the burden of proof is on the plaintiff to establish possession and incidental title to the property. Clear title supported by documents is necessary to claim perm....
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
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....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
The plaintiff has to prove his case on his own strength, and in this case, the appellant failed to establish his possession of the suit property, leading to the dismissal of the second appeal.
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