R. SAKTHIVEL
Anandhan S/o. Krishnan – Appellant
Versus
Rangan S/o. Ayyakannu – Respondent
JUDGMENT :
R.Sakthivel, J.
PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated March 7, 2018 made by the Subordinate Court, Kallakurichi in A.S.No.106 of 2011, which confirmed the Judgment and Decree dated August 2, 2011 made by the Principal District Munsif Court, Kallakurichi, in O.S.No.208 of 2007, by allowing this Second Appeal.
This Second Appeal is directed against the Judgment and Decree dated March 7, 2018, made by the ‘Subordinate Court, Kallakurichi’ ['First Appellate Court' for short] in A.S.No.106 of 2011, thereby confirming the Judgment and Decree dated August 2, 2011, made by the ‘Principal District Munsif Court, Kallakurichi’ ['Trial Court' for short] in O.S.No.208 of 2007.
2. The appellants herein are the defendants while the sole respondent herein is the plaintiff before the Trial Court. Hereinafter, the parties will be referred to as per their array before the Trial Court.
PLAINTIFF’S CASE IN BRIEF:
3. The Suit Property is an extent of 6 Cents (0.02.5 Hectares) in Old Survey No.107/4, New Survey No.107/9 of Thenkeeranur Village of the Kallakuruchi Taluk, comprising of a tiled roof house o
Union of India and Others vs. Vasavi Cooperative Housing Society Limited and Others
In a suit for declaration of title, the burden lies on the plaintiff to establish ownership, and the courts found sufficient evidence supporting the plaintiff's claim.
The judgment establishes that continuous possession and proper documentation can affirm ownership, while claims of adverse possession require clear evidence and specific pleading.
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.
Long-standing possession supported by revenue records can establish entitlement to property, negating the need for a formal declaration of title.
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