Back
P. B. BALAJI
P. Rajagopal – Appellant
Versus
P. Srinivasan – Respondent
JUDGMENT :
P.B. BALAJI, J.
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the judgment and decree dated 03.12.2014 in A.S. No. 143 of 2007 on the file of the Principal Subordinate Court, Salem confirming the judgment and decree dated 04.01.2007 in O.S. No. 70 of 2006 on the file of the I Additional District Munsif Court, Salem.
1. The defendant in a suit for injunction, seeking to restrain him from disturbing the peaceful possession and enjoyment of the plaintiff, is the appellant herein.
2. The parties are described as per their litigative status before the trial Court.
3. The brief facts that are necessary for adjudicating the above Second Appeal are as follows:
In a property injunction suit, a plaintiff must demonstrate current possession, irrespective of competing title claims, to obtain relief.
The central legal point established in the judgment is that in the absence of proof of oral partition, co-sharers have a right in every inch of ancestral property, and exclusive possession cannot be ....
The main legal point established is that the plaintiff's possession was proved through various documents, and the first defendant had no standing to dispute the partition.
The central legal point established in the judgment is the requirement to prove oral partition in property disputes and the implications of relying on the defendant's statement. The burden of proof l....
Oral partition admission binds; courts mould relief granting lesser entitlement via admitted sale deed.
Clear evidence is required to establish claims of property ownership and partition, particularly in disputes among co-owners.
The burden of proof regarding oral partition rests on the party asserting it, with mere pleading insufficient for presumption.
In the absence of established oral partition, co-owners have equal shares in the property, as per Section 47 of the Transfer of Property Act.
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
