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S. SOUNTHAR
Sammanasu (died) – Appellant
Versus
M. Cashmir – Respondent
JUDGMENT :
(S. Sounthar, J.) :
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.31 of 2004, dated 24.6.2005, on the file of Sub-Court, Tuticorin reversing the judgment and decree made in O.S.No.114 of 1999, dated 21.7.2003, on the file of Additional District Munsif Court, Turicorin.)
The Second Appeal is directed against the judgment and decree made in A.S.No.31 of 2004, dated 24.6.2005, on the file of Sub-Court, Tuticorin reversing the judgment and decree made in O.S.No.114 of 1999, dated 21.7.2003, on the file of Additional District Munsif Court, Turicorin.
2. The defendant in the suit is the appellant. The respondents/plaintiffs filed a suit for declaration of title and injunction in respect of suit second schedule property. They also sought for a declaration that suit third schedule property was common pathway for both the parties and for injunction restraining defendant from interferring with plaintiff’s common right over suit second third schedule property. The Plaintiff also sought for mandatory injunction directing defendant to remove the constructions put up by him in suit third schedule property. The trial
Easementary rights must be explicitly claimed in pleadings; claims of title and easement cannot coexist without admitting the adversary's title.
The plaintiff's failure to prove exclusive right over the suit lane and the court's reliance on documentary evidence to establish common ownership.
Easementary rights must be clearly established through evidence of grant or necessity, and a plaintiff must seek a declaration of such rights to challenge property alienation.
The court upheld the principle that long user and agreements can establish common property rights, even in the absence of formal title declarations.
Co-owners can seek injunctions against each other to protect their rights, and findings from previous suits on common property usage are binding.
The boundaries described in the sale deed prevail over the extent of land, determining ownership in property disputes.
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