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P. T. ASHA
Rajeswari – Appellant
Versus
Bhuvaneswari – Respondent
JUDGMENT :
THE HONOURABLE Ms. JUSTICE P.T. ASHA
Prayer: Second Appeal is filed under Section 100 of C.P.C against the Judgement and the decree dated 03.12.2020 in AS.No.28/2019 on the file of the Principal Sub Court, Kallakurichi, reversing the Judgement and the decree dated 22.03.2019 in OS.No.366/2010 before the I Additional District Munsif Court, Kallakurichi.
The 1st defendant is the appellant before this Court. This Second Appeal is filed challenging the concurrent judgment and decree that has been passed against the 1st defendant in a suit O.S.No.366 of 2010 on the file of the I Additional District Munsif Court, Kallakurichi filed for declaring the plaintiff’s tile to the suit property, to recover possession of the same and for damages from the date of the suit till the date of handing over possession. The facts are briefly set out herein below and the parties are referred to in the same ranking as before the Trial Court.
2. The suit property is an extent of 36 cents out of a total extent of 1.72 acres comprised in S.No.257/10, Vadathorasalur Village, Thiagadurgam, Kallakurichi. The suit property is stated to be bounded on the east by a channel and the plaintiff’s land, South by
The burden of proof lies on the party asserting entitlement to property, and mere possession without evidence of ownership or adverse possession is insufficient to claim ownership.
In a suit for declaration of title, the burden lies on the plaintiff to establish ownership, and the courts found sufficient evidence supporting the plaintiff's claim.
A plaintiff must provide clear and specific evidence of property ownership, including boundaries, to succeed in a claim for declaration and injunction.
The onus of proving the defence of ouster/adverse possession in a suit for partition, the estoppel of the respondents, and the conduct of the second respondent in not filing any suit and obtaining a ....
Boundaries prevail over extent in property disputes, and the burden of proof lies with the claimant to establish entitlement beyond what is specified in the Partition Deed.
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