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S. S. SUNDAR
L. Duraivel – Appellant
Versus
N. Padmavathy – Respondent
JUDGMENT
(Prayer: Second Appeal filed under Section 100 of CPC against the judgment and decree dated 12.07.2017 made in AS.No.22/2016 on the file of the learned Subordinate Judge, Madurantakam, reversing the judgment and decree dated 03.08.2016 made in OS.No.192/2011 on the file of the learned District Munsif, Madurantakam.)
(1) Plaintiffs in the suit in OS.No.192/2011 on the file of the District Munsif Court, Madurantakam, are the appellants in the above Second Appeal.
(2) The appellants/plaintiffs are the sons of late Sri.P.Loganatha Gramani. The appellants filed the suit in OS.No.192/2011 for declaration, declaring the Sale Deed dated 10.02.2011 executed by defendants 1 and 2 in favour of 3rd defendant and registered as Doc.No.505/2011 on the file of Sub Registrar Office, Cheyyur, as null and void and not binding on plaintiffs and for permanent injunction restraining the defendants in the suit and their men from interfering with the peaceful possession and enjoyment of the plaintiffs over the suit property.
(3) The suit property is an extent of 27 cents with a house and land along with trees and passage in S.No.189/4A comprising in old Patta No.396, new Patta No.1122 in Vennangupatt
The central legal point established in the judgment is the significance of revenue records and possession in establishing legitimate right over the property, the lack of evidence from the defendants ....
A suit for permanent injunction is not maintainable without seeking a declaration of title when the plaintiff's title to the property is in dispute or under a cloud. The grant of patta and reliance o....
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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 requires proof of possession; if title is disputed, a declaratory suit is necessary, and failure to include necessary parties renders the suit untenable.
Permanent injunction cannot be granted without establishing title or possession; prior decrees do not confer title if not adjudicated.
Ownership must be substantiated by credible documentary evidence; mere revenue entries are insufficient to establish title against documented claims.
Possession established by parties through revenue documents prevails over contested ownership claims; mere sale deed insufficient to negate established rights.
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