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C. KUMARAPPAN
Parvatham Ammal (Died) – Appellant
Versus
Natesa Mudaliar (Died) – Respondent
JUDGMENT :
C. KUMARAPPAN, J.
1. As per the order of My Lord The Hon'ble Acting Chief Justice dated 12.06.2024, this Second Appeal has been listed before this Court.
2. The plaintiff is the appellant herein and the defendant is the respondent in the instant Second Appeal.
3. For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.
4.1. The brief facts which give rise to the instant second appeal is that, the suit property absolutely belongs to the plaintiff. It is the submission of the plaintiff that the defendant's brother Vadivel Mudaliar has purchased the suit property in the year 1943 from whom, who has no title over the same. Therefore, the plaintiff's husband Ponnurangam Pillai filed a suit for declaration and for possession in O.S. No. 34 of 1947. Wherein, he obtained decree on 13.11.1947. In pursuance of the said decree, the plaintiff's husband Ponnurangam Pillai has took delivery of possession of property on 28.04.1951 from Vadivel Mudaliar. Even after such delivery, when Vadivel Mudaliar has again interfered with the possession of the plaintiff, the plaintiff's husband Ponnurangam Pillai has again filed a suit in
A plaintiff seeking a permanent injunction must prove both title and settled possession, failing which the claim may be dismissed.
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
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.
Long possession without clear evidence of hostile intent does not equate to adverse possession, and permissive possession cannot turn adverse without communication of hostility.
In a suit for injunction, the plaintiff must establish prima facie title or possession; failure to do so results in dismissal of the suit.
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
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