Back
V. LAKSHMINARAYANAN
R. C. Church – Appellant
Versus
Seeranga Gounder – Respondent
JUDGEMENT :
S.A.No.838 of 2016 is presented against the judgment and decree of the court of Principal District Judge at Namakkal in A.S.No.3 of 2016 in confirming the judgment and decree of the Court of Subordinate Judge, Namakkal in O.S.No.87 of 2012 dated 01.12.2015.
2. S.A.No.839 of 2016 is presented against the judgment and decree of the court of Principal District Judge at Namakkal in A.S.No.4 of 2016 in confirming the judgment and decree of the Court of Subordinate Judge, Namakkal in O.S.No.249 of 2012 which was renumbered as O.S.No.48 of 2014 dated 01.12.2015.
3. In both the appeals, the appellant before me is the defendant in the respective suits.
4. For the sake of convenience, the parties shall be referred to as per their ranks in the suit.
5. The case of the plaintiff/Seeranga Gounder is that the property bearing S.No.322/6A to an extent of 0.572 hectares originally belonged to one Nallyammal. She had alienated the property by the way of a registered sale deed on 25.11.1940 in favour of one Komara Gounder. The plaintiff/Seeranga Gounder is the son of Komara Gounder. The plaintiff for the purpose of his vocation, went abroad and therefore, he was not available in the country.
Possession follows title; a suit for declaration of title is maintainable despite claims of res judicata and adverse possession if the plaintiff proves ownership.
The court affirmed that possession follows title, and a plaintiff is entitled to a declaration of title even if a previous suit for injunction was dismissed due to lack of possession.
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....
The jurisdiction of the Civil Court to entertain a suit for declaration of title and recovery of possession is not barred by the grant of patta under the Inam Abolition Act, and the appellant must pr....
Mere possession of land does not ripen into a possessory title. The possessor must have animus possidendi and hold the land adverse to the title of the true owner. The requirement to prove hostility ....
The burden of proof in title suits rests with the plaintiffs to establish a superior title; revenue entries are insufficient to confer ownership.
The title of the plaintiff temple to the suit properties has been established and the appellants are not entitled to claim any rights against the temple property.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
