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R. SAKTHIVEL
Arulmighu Renuga Devi Amman Thirukoil – Appellant
Versus
Thiyagarajan – Respondent
JUDGMENT :
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated August 5, 2020 made in A.S.No.10 of 2019 on the file of the Sub Court, Thiruvarur confirming the Judgment and Decree dated October 24, 2017 made in O.S.No.102 of 2015 on the file of the District Munsif Court, Tiruvarur.
This Second Appeal is directed against the Judgment and Decree dated August 5, 2020 passed in A.S.No.10 of 2019 by the 'Sub Court, Tiruvarur' [henceforth 'First Appellate Court' for brevity], confirming the Judgment and Decree dated October 24, 2017 passed in O.S.No.102 of 2015 by the ‘District Munsif Court, Tiruvarur' [henceforth 'Trial Court' for brevity].
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
Plaintiff's Case:
3. The Suit Property is a tiled shop located in Vijayapuram, Thiruvarur, with a total extent of 680 sq. ft., comprising 50 sq. ft. in Town Survey No. 830/2, 54 sq. ft. in Town Survey No. 830/3, 282 sq. ft. in Town Survey No. 1000, and 294 sq. ft. in Town Survey No. 1001. The plaintiff – Temple rented out the same to one G.Sabapathi Chettiar
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.
(1) Only when title is clear, Court can decide question of de jure possession.(2) Question of title can be decided only by filing a comprehensive suit for declaration of title and not a suit for inju....
The court affirmed the plaintiff's status as a cultivating tenant based on revenue records, emphasizing that the appellate court erred in reversing the trial court's decision regarding possession.
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
In a suit for permanent injunction, the burden of proof is on the plaintiff to establish possession and incidental title to the property. Clear title supported by documents is necessary to claim perm....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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