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R. SAKTHIVEL
L. K. Prakash – Appellant
Versus
Sophia – 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 October 14, 2019 passed in A.S.No.31 of 2019 on the file of Principal Subordinate Court, Vellore, confirming the Judgment and Decree dated January 22, 2019 passed in O.S.No.133 of 2015 on the file of District Munsif Court at Katpadi.
S.A.No.114 of 2020
This Second Appeal is directed by the unsuccessful plaintiffs, against the Judgment and Decree dated October 14, 2019 passed in A.S.No.31 of 2019 on the file of ‘Principal Subordinate Court, Vellore’ ['First Appellate Court' for short], whereby the Judgment and Decree dated January 22, 2018 passed in O.S.No. 133 of 2015 on the file of ‘District Munsif Court at Katpadi’ ['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’ father - Krishnasamy originally owned and possessed a property measuring 94 Cents in Survey No.132/1 of Chennangkuppam Village, Katpadi Taluk and another property measuring 37 Cents in Survey No.159 o
Permanent injunction cannot be granted without establishing title or possession; prior decrees do not confer title if not adjudicated.
A suit for permanent injunction is not maintainable without seeking a declaration of title when the plaintiff's title to the property is in dispute or under a cloud. The grant of patta and reliance o....
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
Point of law : Where a cloud is raised over the plaintiff's title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Wh....
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
A suit for permanent injunction requires proof of possession; if title is disputed, a declaratory suit is necessary, and failure to include necessary parties renders the suit untenable.
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