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C. KUMARAPPAN
Seshasayee Paper and Boards Ltd. – Appellant
Versus
State of Tamil Nadu, rep. by the District Collector, Perambalur – Respondent
JUDGMENT :
The appellant in both the Second Appeals is the plaintiff before the Trial Court and respondents 1 to 4 in SA.No.1960 of 2004 are the defendants 1 to 4. In SA.No.1960 of 2004, the respondents 5 to 9 are the respondents 1 to 5 in S.A.No.1961 of 2004 and the defendants 1 to 5 before the Trial Court.
2. For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court in O.S.No.54 of 1994.
3. The brief facts which give rise to the instant second appeals is that, the plaintiff originally filed a suit on 11.12.1991 in O.S.No.200 of 1991 for the relief of declaration and for consequential permanent injunction in respect of 3 items of suit property. The above said suit was subsequently renumbered as O.S.No.54 of 1994. According to the plaintiff, the suit property is the absolute property of the plaintiff by virtue of the Sale Deeds dated 15.10.1981 and 17.12.1981. It is the further submission of the plaintiff that, ever since the date of purchase, they have been in actual, physical possession and enjoyment of the suit property. It is the further contention of the plaintiff that the Revenue Authorities have sub-divided the suit
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Will interpretation ascertains testator's intention from entire document and schedule; specific equal extents to beneficiaries indicate no preferential larger share despite land shortage, rejecting c....
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.
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....
Boundaries prevail over extent in property disputes, and the burden of proof lies with the claimant to establish entitlement beyond what is specified in the Partition Deed.
A party claiming title must prove the vendor's title; assumptions or gaps in evidence are insufficient to establish ownership.
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