Back
R. SAKTHIVEL
S. K. Kathirvel – Appellant
Versus
Tamilnadu Government Rep. by District Collector Erode – Respondent
JUDGMENT :
R.Sakthivel, J.
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 praying to set aside the Judgment and Decree dated April 2, 2018 passed in A.S.No.62 of 2017 on the file of First Additional Subordinate Court, Erode, whereby the Judgment and Decree dated October 25, 2017 passed in O.S.No.579 of 2014 on the file of Principal District Munsif Court, Erode was confirmed.
This Second Appeal is directed by the unsuccessful plaintiff, against Judgment and Decree dated April 2, 2018 passed in A.S.No.62 of 2017 on the file of ‘First Additional Subordinate Court, Erode’ [‘First Appellate Court’ for short], whereby the Judgment and Decree dated October 25, 2017 passed in O.S.No. 579 of 2014 on the file of ‘Principal District Munsif Court, Erode’ [‘Trial Court’ for short] was confirmed.
2. Hereinafter, for the sake of convenience, the parties will be denoted as per their array in the Original Suit.
PLAINTIFF’S CASE IN BRIEF:
3. Suit Property is a Temple situated in R.Survey No.285 near Ganapathipalayam four way junction. The Suit Property is bounded by the Erode-Karur Main Road on the North; the lands of Sethupathi Gounder, Kadirvel and Indrani on the Sout
The plaintiff failed to prove the location of the temple, leading to the dismissal of the appeal, affirming the lower courts' findings.
The Trial Court must adhere to principles of natural justice and cannot reject a plaint without proper procedure and hearing, even in cases deemed vexatious.
A suit for injunction does not typically resolve title issues unless necessary pleadings and issues are present; failure to establish ownership or possession leads to dismissal.
The HR & CE Department is a necessary party in title disputes involving temple properties, and amendments to include declarations must be timely filed within the limitation period.
A suit challenging a sale deed on the grounds of boundary relevance is barred by limitation if filed long after the deed's registration, with the plaintiff lacking standing due to the non-existence o....
The need for concrete evidence to establish possession and the importance of considering physical features and documentary evidence in property disputes.
The determination of a temple's status as public or private hinges on the right of public access and the evidence of dedication to public worship, not merely on the presence of public worship.
Point of law : Even when the first appellate court affirms the judgment of the trial court, it is required to comply with the requirement of Order XLI Rule 31 and non-observance of this requirement l....
The jurisdiction of the High Court in second appeals under Section 100 is limited to substantial questions of law; it cannot reassess factual findings unless a clear error in law has been demonstrate....
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
