Back
A. D. JAGADISH CHANDIRA
M. Ravi – Appellant
Versus
K. N. Krishnasamy – Respondent
JUDGMENT
(Prayer: Second Appeal filed under Section 100 C.P.C., against the judgment and decree dated 27.07.2022 made in A.S.No.20 of 2019 on the file of the Additional Sub Court, Erode confirming the judgment and decree dated 28.01.2019 made in O.S.No.268 of 2016 on the file of the I Additional District Munsif, Erode.)
1. Plaintiff, who lost his case before both the courts below in respect of permanent injunction sought for, has preferred the present Second Appeal.
2. The case of the plaintiff is as under:-
i) The suit property originally belonged to the first defendant, which, he had agreed to sell to the plaintiff and thereupon executed a general power of attorney on 4.7.2000 on receipt of entire sale consideration and also executed a declaration on the same day affirming the factum of receipt of entire sale consideration, agreement to sell the property to the plaintiff and also undertaking that he would not cancel the general power of attorney.
ii) On 4.7.2000 itself, the plaintiff was handed over possession of the suit property and from then onwards, the plaintiff had been in possession and enjoyment of the same.
iii) Second defe
The main legal point established in the judgment is that a suit for permanent injunction may not be legally sustainable without seeking the relief of declaration of title, especially when the plainti....
The main legal point established in the judgment is the importance of establishing lawful possession and discharge of obligations in property disputes, as well as the relevance of challenging relevan....
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....
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.
The main legal point established is that the cancellation of a Power of Attorney requires reasonable notice for revocation, and the termination of authority does not take effect until it becomes know....
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
A second appeal under CPC does not warrant interference when no substantial question of law arises, affirming the necessity of establishing ownership before claiming possession.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
