Back
P. T. ASHA
Chinnathayi – Appellant
Versus
S. M. Syed Khader – Respondent
JUDGMENT :
(Prayer: Second Appeal is filed under Section 100 of C.P.C against the judgment and decree dated 17.03.2022 made in A.S.No.11 of 2019 on the file of the Subordinate Court, Harur confirming the judgement and decree dated 10.01.2019 made in O.S.No.99 of 2013 on the file of the District Munsif Court, Harur and allow this appeal consequently decree the suit.)
1. The defendant in a suit for bare injunction is the appellant before this Court. The facts are briefly set out herein below and the parties are referred to in the same ranking as before the trial Court.
2. It is the case of the plaintiff that the suit property and other properties had been purchased by his paternal grandmother, Fathima Beevi under a Sale deed dated 07.11.1939. The suit property has been described as follows in the plaint.
3. It is the contention of the plaintiff that after the death of Fathima Beevi, his father, Syed Masthan, who was the son of Fathima Beevi, had inherited her property and was in enjoyment of the same. He had got the patta in respect of the suit property mutated in his name on 20.03.1991. Barring the suit property, Syed Masthan had sold the other properties to third parties. Thereafter, a
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.
In a suit for bare injunction, the plaintiff bears the burden of proving actual possession of the specific suit survey number; reliance on ambiguous tax receipts that do not reference the contested l....
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
The main legal point established in the judgment is the significance of the patta issued in favor of the plaintiff, which demonstrated his exclusive possession of the property and influenced the cour....
A co-owner cannot seek an injunction against another co-owner regarding property possession.
Possession must be assessed by the court based on evidence, not merely on the findings of an Advocate Commissioner.
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
