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R. SAKTHIVEL
K. Shanmuga Mudaliar – Appellant
Versus
N. Ramalingam (Died) – Respondent
JUDGMENT :
PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 praying to set aside the Judgment and Decree dated November 4, 2019 passed in A.S.No.26 of 2018 on the file of Additional Subordinate Court, Tiruppur, whereby the Judgment and Decree dated April 20, 2018 passed in O.S.No.326 of 2009 on the file of District Munsif Court, Tiruppur was confirmed.
This Second Appeal is directed by the unsuccessful plaintiffs. Challenge is to the Judgment and Decree dated November 4, 2019 passed in A.S.No.26 of 2018 on the file of ‘Additional Subordinate Court, Tiruppur’ ['First Appellate Court' for short], whereby the Judgment and Decree dated April 20, 2018 passed in O.S.No. 326 of 2009 on the file of ‘District Munsif Court, Tiruppur’ ['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.
Plaintiffs’ Case in Brief:
3. In the Plaint it is averred that the plaintiffs are the absolute owners of house properties bearing Door Nos. 405 and 406. The second plaintiff is the son of the first plaintiff’s brother. An open triangular space on the southern side of Door No. 40
The court affirmed that the Suit Property is a Natham Pathway, granting plaintiffs limited injunction against obstruction until defendants prove their title.
Long-standing possession supported by revenue records can establish entitlement to property, negating the need for a formal declaration of title.
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 permanent injunction can be granted against a co-owner if the plaintiffs establish their possession and enjoyment of the property, despite the defendant's claims.
Possession established by parties through revenue documents prevails over contested ownership claims; mere sale deed insufficient to negate established rights.
Possession – Revenue records - If someone claims title by virtue of their long possession, such possession should be evidenced through valid pattas and other continuous revenue records standing in th....
Legal heirs' inclusion in proceedings remains valid despite procedural defects; boundary disputes resolved based on evidence support for ownership as established in previous deeds.
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