S. SOUNTHAR
M. Velu (died) – Appellant
Versus
T. Muthu Malayalam (died) – Respondent
JUDGMENT :
S.SOUNTHAR, J.
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 28.07.2004, passed in A.S.No.280 of 2003 on the file of II Additional Sub-Court, Madurai, confirming the judgment and decree, dated 16.10.2003, passed in O.S.No.133 of 2003 on the file of District Munsif Court, Tirumangalam.
The plaintiff in the suit is the appellant. The suit was originally filed for bare injunction. The suit was dismissed by the trial Court. The appeal filed by the plaintiff was also dismissed. Aggrieved by the same, he has come by way of this Second Appeal.
2. According to the appellant/plaintiff, the suit property was purchased by him under a registered sale deed, dated 09.04.2003, executed by its previous owner Pappuammal. The plaintiff had been in possession and enjoyment of the suit property from the date of purchase, by paying property tax to Panchayat. The defendant wanted to purchase the suit property from the plaintiff at a lower rate. Aggrieved by the purchase of the suit property by the plaintiff, the defendant made an attempt to interfere with the plaintiff's possession and enjoyment. Hence, the plaintiff was con
Possession must be assessed by the court based on evidence, not merely on the findings of an Advocate Commissioner.
The court established that an order of remand nullifies subsequent amendments, necessitating a return to the original claims in the appeal process.
In a suit for injunction, the plaintiff must establish prima facie title or possession; failure to do so results in dismissal of the suit.
In a suit for injunction over vacant land, genuine title disputes necessitate a suit for declaration; mere possession does not suffice without establishing title.
A suit for permanent injunction is not maintainable when a genuine dispute on title arises. The proper remedy is a comprehensive suit for declaration, reaffirming the principle that possession follow....
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....
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
In disputes involving conflicting title claims, a suit for permanent injunction is not maintainable without a concurrent declaration of title, reaffirmed by the necessity of evidencing lawful possess....
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.
The failure to prove possession and the existence of a decree from an earlier suit for injunction against the appellants led to the dismissal of the second appeal. The dismissal of the suit for injun....
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