S. SOUNTHAR
Saroja Ammal(died) – Appellant
Versus
Pushpam – 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.12 of 2001, dated 30.11.2001, on the file of Subordinate Judge, Tirunelveli reversing the judgment and decree made in O.S.No.384 of 1995, dated 10.08.2000, on thefile of First Additional District Munsif, Tirunelveli.
The Second Appeal is directed against the judgment and decree made in A.S.No.12 of 2001, dated 30.11.2001, on the file of Subordinate Judge, Tirunelveli reversing the judgment and decree made in O.S.No.384 of 1995, dated 10.08.2000, on the file of First Additional District Munsif, Tirunelveli.
2.The defendants in the suit are the appellants. The respondents filed the suit for declaration of title and injunction. The suit was dismissed by the trial Court. On appeal filed by the respondents/Plaintiffs, the First Appellate Court reversed the findings of the trial Court and granted a decree as prayed for. Aggrieved over the same, the defendants are before this Court.
3.According to the respondents/plaintiffs, the first plaintiff purchased 92 1/2 cents of eastern A1.28 cents in S.No.305/1 under Ex.A2, dated 11.09.1985 from one Shesilia @
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 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.
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