Back
C. KUMARAPPAN
Galaway Seelan (Died) – Appellant
Versus
Champalal (deceased) – Respondent
JUDGMENT :
(C. Kumarappan, J.) :
By the order of My Lord The Hon'ble Acting Chief Justice dated 25.06.2024, this Second Appeal was taken up for hearing before this Court.
2. The plaintiff was the sole appellant herein. After the demise of the sole appellant, appellants 2 to 4 who are the legal representatives of the sole appellant, were arrayed as the appellants 2 to 4. The defendants 1 and 2 were arrayed as respondents 1 and 2. After the demise of the first respondent/defendant, his legal heirs were arrayed as respondents 3 to 7 in the Second Appeal.
3. For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.
4 (a). The brief facts which give rise to the instant Second Appeal is that the suit property was originally belongs to one A.R.Devasahayam Pillai and his wife Mrs.Mary Jane Devasahayam. They have sold the suit property in favour of Mrs.Kamala Prakash in the year 1949 by virtue of a Sale deed dated 20.04.1949. The said Kamala Prakash has got 4 sons by name P.V.Prabhu, Galaway Seelan (this plaintiff), Jeevan Prakash and Sugirdanesan. While so, the said Kamala Prakash died on 28.05.1988 leaving behind her sons as leg
The First Appellate Court correctly reversed the trial court's decree due to insufficient evidence from the plaintiffs to establish title over the suit property.
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
The right and title to property have to be determined not with reference to survey demarcation but based on other cogent materials, primary of which is title deed. The record of survey result shall b....
In a suit for permanent injunction, the plaintiff must prove possession of the property as of the date of filing; failure to do so results in dismissal.
A suit for permanent injunction requires proof of possession; if title is disputed, a declaratory suit is necessary, and failure to include necessary parties renders the suit untenable.
A simple suit for injunction is not maintainable when there is a dispute over title, and the plaintiffs must prove possession within the claimed boundaries.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
