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S. SOUNTHAR
Kaliammal – Appellant
Versus
Muniyasamy – 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.96 of 2006, dated 15.6.2007, on the file of Sub-Court, Ramanathapuram confirming the judgment and decree made in O.S.No.88 of 2001, dated 7.9.2006, on the file of District Munsif Court, Ramanathapuram.
This Second Appeal is directed against the judgment and decree made in A.S.No.96 of 2006, dated 15.06.2007, on the file of Sub-Court, Ramanathapuram confirming the judgment and decree made in O.S.No.88 of 2001, dated 7.9.2006, on the file of District Munsif Court, Ramanathapuram.
2. The Plaintiff in the suit is the appellant. The appellant filed the suit for declaration of title and for recovery of possession. The suit was dismissed by the trial Court. Aggrieved by the same, the plaintiff has preferred a first appeal and the First Appellate Court affirmed the findings of the trial Court
3. According to the plaintiff, the suit property was originally assigned in favour of her mother Aundichi and she executed a ‘Will’ in favour of the plaintiff in the year 1963 bequeathing the suit property in favour of the plaintiff. It was claimed by the plaintiff
A will must be proved in accordance with the Evidence Act, particularly through attestors, to establish title in property disputes.
Proper proof of a Will is essential, and Section 90 of the Indian Evidence Act does not apply to a Will.
Legal heirs maintain ownership rights against claims of adverse possession if defendants' assertions conflict with prior admissions regarding property title.
Courts cannot entertain claims of adverse possession when ownership is established by a valid title deed, and any agreements contradicting that ownership must be substantiated legally.
Legal heirs of an original allottee are co-owners of the property, and a Sale Deed in favor of one heir does not confer exclusive title over the property.
In a suit for injunction, the plaintiff must establish prima facie title or possession; failure to do so results in dismissal of the suit.
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