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R. SAKTHIVEL
Chakravarthi Reddiyar – Appellant
Versus
Kannan – 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 5, 2018 passed in A.S.No.12 of 2016 on the file of Additional Subordinate Court, Thindivanam, whereby the Judgment and Decree dated December 4, 2015 passed in O.S.No.527 of 2008 on the file of Additional District Munsif Court, Thindivanam was confirmed.
This Second Appeal is directed by the plaintiffs in the Original Suit. Challenge is to the Judgment and Decree dated April 5, 2018 passed in A.S.No.12 of 2016 on the file of ‘Additional Subordinate Court, Thindivanam’ [‘First Appellate Court’ for short], whereby the Judgment and Decree dated December 4, 2015 passed in O.S.No.527 of 2008 on the file of ‘Additional District Munsif Court, Thindivanam’ [‘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.
CASE OF THE PLAINTIFFS:
3. The Suit land is an agricultural land of an extent of 0.03.0 Hectare in Survey No.94/6 of Karnavur Village. The Suit land and some other properties originally belonged to one Bakthavatchalu Reddiyar, N
The burden of proof lies on the plaintiffs to establish title over disputed land, which they failed to do, while defendants proved their title through earlier documents.
The court established that clear and unambiguous property descriptions are essential for granting injunctions in property disputes.
The judgment establishes that continuous possession and proper documentation can affirm ownership, while claims of adverse possession require clear evidence and specific pleading.
In a suit for declaration of title, the burden lies on the plaintiff to establish ownership, and the courts found sufficient evidence supporting the plaintiff's claim.
Long-standing possession supported by revenue records can establish entitlement to property, negating the need for a formal declaration of title.
A suit for injunction is maintainable without a declaration of title when the title is not disputed, and survey boundaries are conclusive proof unless modified by a court.
Point of law: The principle of lis pendens is still settled principle of law. In this connection, the Full Bench of the Allahabad High Court in Ram Peary, AIR 1978 All 318] has considered the scope o....
The Court established that attempting to claim declaration in respect of the same property, which was already dealt with in an earlier suit, was impermissible and an abuse of process of law.
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....
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