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S. SOUNTHAR
Mariappan – Appellant
Versus
Subbammal – Respondent
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.36 of 2003, dated 18.2.2008, on the file of Sub-Court,Sivakasi confirming the judgment and decree made in O.S.No.113 of 1998, dated 7.8.2003, on the file of District Munsif Court, Sivakasi.
The Second Appeal is directed against the judgment and decree made in A.S.No.36 of 2003, dated 18.2.2008, on the file of Sub-Court, Sivakasi confirming the judgment and decree made in O.S.No.113 of 1998, dated 7.8.2003, on the file of District Munsif Court, Sivakasi.
2. The plaintiff in the suit is the appellant. The suit is for injunction. The suit was dismissed by the trial Court, Aggrieved by the same, the Plaintiff preferred an appeal in A.S.No.36 of 2003, on the file of Sub-Court, Sivakasi. The First Appellate Court by its order, dated 7.8.2003, remanded the matter back to the file of trial Court with liberty to the plaintiff to amend the prayer in the suit to incorporate the prayer for declaration and possession. Aggrieved by the order of remand, the defendants have preferred an appeal in C.M.A(MD)No.3 of 2005 before this Court. The said C.M.A was allowed by this Cou
A suit for permanent injunction does not require dismissal if there is no real cloud to the title of the plaintiff, warranting a declaration. There is no absolute bar under the Specific Relief Act to....
Possession must be assessed by the court based on evidence, not merely on the findings of an Advocate Commissioner.
The High Court's jurisdiction in second appeals is limited to substantial questions of law; factual findings by lower courts are upheld unless exceptional circumstances exist.
The main legal point established in the judgment is that a suit for permanent injunction may not be legally sustainable without seeking the relief of declaration of title, especially when the plainti....
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.
The High Court's review in appeals under Section 100 of the CPC is limited to substantial questions of law; it cannot re-assess factual findings or interfere with the first appellate court's discreti....
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 the importance of establishing lawful possession and discharge of obligations in property disputes, as well as the relevance of challenging relevan....
The main legal point established is the requirement to establish possession, enjoyment, and title in a suit for permanent injunction, and the dismissal of claims without substantiating evidence.
Possession on the date of filing a suit is essential for granting a permanent injunction; the First Appellate Court findings on possession were upheld as correct.
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