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S. SOUNTHAR
K. KAMALA – Appellant
Versus
Executive Officer – Respondent
JUDGMENT :
Prayer:- Second Appeal is filed under Section 100 of Civil Procedure Code, praying to set aside the Judgement and Decree in A.S.No.35 of 2014 dated 26.08.2016 on the file of the Subordinate Judge, Tambaram confirming the Order and decree in I.A.No.2008 of 2012 in O.S.No.187 of 2012 dated 30.04.2014 on the file of the Principal District Munsif, Alandur.
The Second Appeal is arising out of judgement and decree passed by First Appellate Court confirming an order of rejection of the plaint. The appellants and 3rd respondent herein filed a suit for declaration of title and recovery of possession against the respondents 1 and 2 in O.S.No.187 of 2012. The 2nd respondent herein, who was arrayed as 2nd defendant in the suit filed an application under Order 7 Rule 11 of Civil Procedure Code seeking rejection of the plaint. The said application was allowed by the Trial Court. Challenging the same, the appellants and 3rd respondent herein preferred an appeal and the First Appellate Court confirmed the findings of the Trial Court. Hence, the appellants are before this Court.
2. According to the appellants and 3rd respondent/plaintiffs, the suit property was given to their predecessors-i
The jurisdiction of the Civil Court to entertain a suit for declaration of title and recovery of possession is not barred by the grant of patta under the Inam Abolition Act, and the appellant must pr....
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....
The main legal point established in the judgment is that the Civil Court had no jurisdiction under Section 21 of Act 30 of 1963, and the possession was not with the first defendant, but with the seco....
The court affirmed that possession follows title, and a plaintiff is entitled to a declaration of title even if a previous suit for injunction was dismissed due to lack of possession.
Point of law : Where a cloud is raised over the plaintiff's title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Wh....
The jurisdiction of the High Court in second appeals under Section 100 is limited to substantial questions of law; it cannot reassess factual findings unless a clear error in law has been demonstrate....
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