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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.Murali Shankar, J
Suresh – Appellant
Versus
Poomalai – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim of possession (Para 2 , 3 , 4 , 5) |
| 2. defendants' claims and actions (Para 6) |
| 3. trial court's findings (Para 8 , 9 , 10) |
| 4. appellate court's findings (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. outcome of the appeal (Para 23) |
JUDGMENT :
1. The Second Appeal is directed against the judgment and decree passed in A.S.No.103 of 2014, dated 28.08.2020, on the file of the Principal Subordinate Court, Pudukkottai, reversing the judgment and decree made in O.S.No.105 of 2007, dated 26.08.2014, on the file of the District Munsif Court, Keeranur.
2. The appellant, as plaintiff has filed the suit for permanent injunction restraining the defendants and their men from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.
4. Admittedly the suit properties in three schedules came to be owned by the first defendant.
5. The case of the plaintiff is that his father and forefather are enjoying the suit properties as cultivating tenant for more than 35 years, that af
The court affirmed the plaintiff's status as a cultivating tenant based on revenue records, emphasizing that the appellate court erred in reversing the trial court's decision regarding possession.
The High Court's jurisdiction under Section 100 CPC is confined to substantial questions of law, without re-assessing evidence or entering factual disputes.
The court reaffirmed that established ownership protects lawful possession, reinforcing the principle that cultivating tenants cannot be evicted without adherence to statutory procedures.
The main legal point established in the judgment is the entitlement of a person related to the original tenant to seek the relief of permanent injunction and the rejection of claims of impersonation.
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
The burden of proof in property disputes, the principle of possession following title, and the limited jurisdiction of the High Court in second appeals.
Legal heirs claiming cultivating tenant status must establish physical contribution to cultivation; mere documentation of tenancy by a deceased parent is insufficient.
The judgment established the power of Civil Courts to decide the validity of entries made under Act 10 of 1969 and the requirement for genuine entries as per the law.
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