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R. SAKTHIVEL
Renganathan – Appellant
Versus
K. G. Kaliyaperumal Chettiyar (Died) – Respondent
JUDGMENT :
R. SAKTHIVEL, J.
Prayer: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree of the Additional Subordinate Judge's Court at Vridhachalam, dated October 5th, 2004 in A.S. No. 118 of 2003 reversing the judgment and decree of the District Munsif cum Judicial Magistrate at Neyveli, dated September 12th, 2003 in O.S. No. 1 of 1998.
1. This Second Appeal is directed against the judgment and decree dated October 5 , 2004 passed in A.S. No. 118 of 2003 by ‘the Additional Subordinate Court, Vridhachalam' [henceforth 'First Appellate Court'].
2. The appellants herein and the first respondent herein are the defendants 1 to 5 and the plaintiff respectively in O.S. No. 1 of 1998 on the file of 'District Munsif cum Judicial Magistrate Court, Neyveli' [henceforth 'Trial Court'].
3. Since the plaintiff/first respondent herein died on August 5, 2018, his legal heirs were brought on record as respondents 4 to 8 vide order of this Court dated April 22, 2021, in CMP No. 3341 of 2020 in S.A. No. 1064 of 2005.
4. For the sake of convenience, the parties will be referred to as per their array in the Suit i.e., the appellants 1 to 5 will be referred to as def
The judgment establishes that continuous possession and proper documentation can affirm ownership, while claims of adverse possession require clear evidence and specific pleading.
Long possession alone does not establish adverse possession; clear evidence of hostile intent against the rightful owner is required.
The main legal point established in the judgment is the requirement to plead and prove essential facts to establish adverse possession, including continuity, publicity, and hostility to the true owne....
Long possession without clear evidence of hostile intent does not equate to adverse possession, and permissive possession cannot turn adverse without communication of hostility.
Long-standing possession supported by revenue records can establish entitlement to property, negating the need for a formal declaration of title.
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
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