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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN, J
Kodiyarasu @ Kodiyan – Appellant
Versus
Ponnusami (Died) – Respondent
JUDGMENT :
1. This second appeal is filed against the judgment and decree of the Sub Judge, Kulithalai, dated 19/04/2002 passed in AS No.86 of 1995 confirming the judgment and decree of the Additional District Munsif, Kulithalai, dated 18/03/1992 passed in OS No.281 of 1985.
2. The plaint averments:-
The suit property is a house with vacate site bearing Door No. 3-10. It originally belongs to one Haritheertham Iyar and his brother Mani. The plaintiff purchased the property from them on 26/11/1984 for valid sale consideration. At that time, one Raju Pillai was a tenant at the monthly rate of Rs.15/-. He died and later, his wife Lakshmi Ammal vacated the premises. The plaintiff was put in possession. At that time, he was in Pattukottai. He came down to the village in December 1984 for occupation. At that time, the defendant interfered into the possession, for which he has no right. Even a criminal case was registered against the defendant for assaulting the plaintiff. Since, the defendant denies the title of the plaintiff, the plaint was amended seeking the relief of declaration and consequential permanent injunction and in the alternative for recovery of possession, mesne profit, costs
The plaintiff must establish title to property, and valid documentation and witness testimony can affirm ownership against competing claims.
A plaintiff must establish a jural relationship of landlord-tenant to claim possession; failure to prove tenancy and title leads to dismissal of eviction suits.
Possession claims necessitate proof of title; patta does not alone confer ownership without demonstrating landlord-tenant relationships.
A plaintiff seeking a permanent injunction must prove both title and settled possession, failing which the claim may be dismissed.
In a title declaration suit, the plaintiff bears the burden of proof to establish ownership, and appellate courts cannot re-evaluate evidence unless findings are legally flawed.
:TITLE OF PROPERTY - Defendant did not prove that his vendors were in actual and continuous enjoyment of the suit properties and thereafter, they passed title to the defendant by executing a sale dee....
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