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S. SOUNTHAR
Lakacha Gounder (Died) – Appellant
Versus
Sankaran – Respondent
JUDGMENT
(Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 02.01.1997 made in A.S.No.63 of 1996 on the file of the Principal Sub Court, Dindigul, reversing the judgment and decree dated 20.07.1993 made in O.S.No.356 of 1988 on the file of the Additional District Munsif''s Court, Dindigul.)
1.1. The defendants in the suit are the appellants. The respondent herein filed a suit for declaration of title and recovery of possession. The suit was dismissed by the trial Court. On appeal filed by the respondent, the findings of the trial Court were reversed and the appeal was allowed. Aggrieved by the same, the appellants have come up by way of this second appeal. Pending second appeal, appellants 1 and 2 passed away and their legal representatives were brought on record as appellants 3 to 6.
1.2. According to the respondent/plaintiff, the total extent in suit Survey No.510/2 is 2 acres and 36 cents. The entire extent was originally belonged to one Angamuthu Asari, who had four sons by name Veerappan Asari, Marudhai Asari, Karuppanan Asari and Kuludhari Asari. Therefore, each entitled to 59 cents in the suit property. K
The plaintiff must prove the title over the suit property and cannot succeed based on the weakness of the defendant's case. The procedure for entertaining additional evidence must be followed, and pr....
Title to property must be established through credible evidence; prior possession or adverse claims limit recovery rights.
Long possession alone does not establish adverse possession; clear evidence of hostile intent against the rightful owner is required.
In a suit for declaration of title, the burden lies on the plaintiff to establish ownership, and the courts found sufficient evidence supporting the plaintiff's claim.
The judgment establishes that continuous possession and proper documentation can affirm ownership, while claims of adverse possession require clear evidence and specific pleading.
The main legal point established in the judgment is the requirement to plead and prove essential facts to establish adverse possession, including continuity, publicity, and hostility to the true owne....
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