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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.A.NAKKIRAN, J
N.D.Ramamurthy – Appellant
Versus
Corporation of Chennai – Respondent
JUDGMENT :
This Civil Suit has been filed by the plaintiff for declaration and permanent injunction in respect of the suit schedule mentioned property.
2. The case of the Plaintiff, as set out, in the plaint is as follows:-
(i) The plaintiff is the owner of the suit schedule property, which was acquired by the Plaintiff's predecessors in title much earlier to the year 1951, as seen from the Deed of Partition dated 04.03.1951 and thereafter, the property had changed hands under the following documents, viz., Sale deed dated 15.06.1962, registered as document No.2018 of 1962, Sale deed dated 15.06.1962, registered as document No.2019 of 1962; and Sale deed dated 19.08.1962, registered as document No.3887 of 1962 and finally the plaintiff had become the owner of the same by virtue of an order passed in T.O.S. No. 20 of 2009 by this Court.
(ii) The plaintiff had leased out the area facing Pulla Avenue from time to time and as on date, the same is in possession of the tenant Mrs.P.Jansi, who has been running a Honda Service Centre from the year 2013 onwards. The entire property is being assessed to tax and the plaintiff has been paying the property taxes as well. The tenant has constructed
Ownership claims require substantial evidence; mere possession does not confer title, especially against established public ownership.
The court reaffirmed that established ownership through undoubted sale deeds and municipal approvals is paramount, shifting the burden of proof to the defendants when such ownership is claimed.
The appellant failed to provide sufficient evidence of ownership and continuous possession necessary for a declaration of rights over the disputed property.
The plaintiff must establish proof of absolute ownership and encroachment to succeed in property disputes, with evidence discrepancies adversely affecting claims.
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