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S. SOUNTHAR
Charles(died) – Appellant
Versus
Leela – Respondent
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.31 of 1998, dated 9.7.2007, on the file of Subordinate Judge, Padmanabhapuram confirming the judgment and decree made in O.S.No.82 of 1994, dated 17.12.1997, on the file of Additional District Munsif, Padmanabhapuram.
The Second Appeal is directed against the judgment and decree made in A.S.No.31 of 1998, dated 9.7.2007, on the file of Sub-ordinate Judge, Padmanabhapuram confirming the judgment and decree made in O.S.No.82 of 1994, dated 17.12.1997, on the file of Additional District Munsif, Padmanabhapuram.
2. The defendants in the suit are the appellants. The respondents-Plaintiffs filed a suit seeking recovery of possession, mesne profits and decree for putting up southern fence on ‘AH’ line in the southern limits of the suit property as indicated in the plan as appended with decree in O.S.No.232 of 2009.
3. The suit was decreed by the trial Court and aggrieved by the same, the defendants preferred an appeal and the First Appellate Court affirmed the findings of the trial Court. Aggrieved by the concurrent findings of the Courts below, the defendants are be
Co-owners can maintain a suit for recovery of possession against third parties, and the decree benefits all co-owners despite non-joinder of some parties.
(1) Recovery of possession – Limitation – Suit based on title where plea of adverse possession had not been raised could not be barred by limitation on ground that it was filed after more than 12 yea....
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
In property disputes, once a plaintiff proves title, the burden shifts to the defendant to establish adverse possession; failure to do so results in the plaintiff's claim being upheld.
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
A fresh suit for recovery of possession based on title after a partition decree is barred by Section 47 CPC; delivery is part of execution; adverse possession cannot defeat a decree holder where co-o....
Adverse Possession – When in a suit simpliciter for a perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plainti....
The main legal point established in the judgment is that a suit for declaration of title must also seek recovery of possession if the property is not in the plaintiff's possession, as per Section 34 ....
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
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