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V. LAKSHMINARAYANAN
Bhuvaneswari – Appellant
Versus
Swariz Towraj – Respondent
ORDER :
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure against the decree and judgment passed in A.S.No.16 of 2011 on the file of the Sub court, Mannargudi dated 02.04.2013 reversing the decree and judgment passed in O.S.No.50 of 1997 on the file of the Additional District Munsif, Valangiman at Kumbakonam dated 18.12.2007.
The present second appeal arises against the judgment and decree passed in A.S.No.16 of 2011 on the file of the learned Subordinate Judge, Mannargudi dated 02.04.2013 in reversing the judgment and decree in O.S.No.50 of 1997 on the file of the learned Additional District Munsif, Valangiman at Kumbakonam dated 18.12.2007 and consequently, decreeing the suit as prayed for.
2. The appellants before me are the defendants 4 to 6 and 8 to 19. The suit was presented by the first and sixth respondents.
3. For the sake of clarity and convenience, the parties will be referred to as per their ranks in the suit.
4. The plaintiffs presented the suit for the following reliefs.
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The court ruled that temple property cannot be alienated by trustees without obtaining necessary permissions and demonstrating community consent as per applicable law.
A suit for possession must include a declaration of title when there is a dispute over ownership; mere possession cannot support recovery claims.
Trust properties cannot be alienated by trustees; a plaintiff can seek injunction without declaratory relief if the properties are prohibited from alienation.
A plaintiff can seek a mandatory injunction to remove encroachments on property even if the suit is effectively for recovery of possession, provided the plaintiff has established title and is willing....
Failure to establish ownership and possession of the property led to the dismissal of the suit.
Suit for Mandatory Injunction – Where there is construction raised on disputed property alleged to be owned by plaintiffs, appropriate and efficacious remedy available to them was to institute suit f....
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....
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