V. SIVAGNANAM
Lucas(died) – Appellant
Versus
Sivalingam(died) – Respondent
JUDGMENT :
V.Sivagnanam, J.
PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree made in A.S.No.93 of 1997, dated 23.7.2002, on the file of First Additional Subordinate Judge, Padmanabhapuram(Camp), confirming the judgment and decree made in O.S.No.265 of 1993, dated 28.1.1997, on the file of Additional District Munsif, Padmanabhapuram.
The Second Appeal is directed against judgment and decree made in A.S.No.93 of 1997, dated 23.7.2002, on the file of First Additional Subordinate Judge, Padmanabhapuram(Camp), confirming the judgment and decree made in O.S.No.265 of 1993, dated 28.01.1997, on the file of Additional District Munsif, Padmanabhapuram.
2. The Plaintiffs in O.S.No.265 of 1993, on the file of the Additional District Munsif, Padmanabhapuram(Camp) are the appellants in the Second Appeal. The respondents are the defendants.
3. The Plaintiffs filed a suit for declaration of their title, possession of plaint schedule properties and for an order of injunction from interfering and disturbing the peaceful possession and enjoyment of the plaint schedule properties. The defendants filed the Written Statement and contested the suit.
4. The
The court affirmed that discrepancies in survey numbers must be rectified for valid title claims, and boundaries do not prevail over survey numbers in property identification.
The party asserting ownership must provide clear evidence of title and possession. Failure to do so resulted in the restoration of the trial court's dismissal of the plaintiffs' claims.
Boundaries specified in a sale deed prevail over measurements when determining property ownership.
Appellate courts can reverse trial court decisions if there's a clear misinterpretation of law or evidence, particularly concerning property title and possession.
The validity of the amendment to the plaint schedule boundaries and the rectification deed was upheld, establishing the plaintiff's title to the disputed property despite the misdescription in the do....
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.
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