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P. VADAMALAI
Lilly Saroja – Appellant
Versus
Selvaraj Through his power agent. Dhanapal – Respondent
JUDGMENT :
P.VADAMALAI, J.
PRAYER :-This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 15.02.2016 passed in A.S.No.17 of 2015 on the file of the Sub Court, Kovilpatti, confirming the judgment and decree dated 13.02.2015 passed in O.S.No.131 of 2012 on the file of the District Munsif Court, Kovilpatti.
This Second Appeal is preferred against the judgment and decree dated 15.02.2016 passed in A.S.No.17/2015 on the file of the Sub Court, Kovilpatti, confirming the judgment and decree dated 13.02.2015 passed in O.S.No.131 of 2012 on the file of the District Munsif Court, Kovilpatti.
2. The appellants are the defendants and the respondent is the plaintiff in O.S.No.131 of 2012 on the file of the District Munsif Court, Kovilpatti. The respondent/plaintiff filed the suit for declaration that the plaintiff is the absolute owner of the suit property and consequent permanent injunction against the defendants.
3. For the sake of convenience, the parties are referred as plaintiff and defendants as arrayed in O.S.No.131 of 2012 on the file of the District Munsif Court, Kovilpatti.
4. Case of the plaintiff:
The property in a larger extent of
A permanent injunction can be granted against a co-owner if the plaintiffs establish their possession and enjoyment of the property, despite the defendant's claims.
The First Appellate Court correctly reversed the trial court's decree due to insufficient evidence from the plaintiffs to establish title over the suit property.
Possession established by parties through revenue documents prevails over contested ownership claims; mere sale deed insufficient to negate established rights.
Possession – Revenue records - If someone claims title by virtue of their long possession, such possession should be evidenced through valid pattas and other continuous revenue records standing in th....
A suit for injunction is maintainable without a declaration of title when the title is not disputed, and survey boundaries are conclusive proof unless modified by a court.
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