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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SAKTHIVEL
Selvaraj – Appellant
Versus
Rajeswari – Respondent
JUDGMENT :
This Second Appeal is directed against the Judgment and Decree dated March 8, 2019 passed in A.S.No.80 of 2018 by the 'II Additional District Court, Chidambaram' [henceforth 'First Appellate Court'] whereby the Judgment and Decree dated June 25, 2014 passed in O.S.No.122 of 2006 by the 'District Munsif cum Judicial Magistrate Court, Kattumannarkoil' [henceforth 'Trial Court'] was confirmed as well as against the Order dated March 8, 2019 passed in I.A.No.25 of 2019 in A.S.No.80 of 2018.
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
Plaintiffs' case
3. The Suit Property is an extent of 5 Cents comprised in Old S.No.23 / New S.No.181/4. It belonged to one Perumal and his brother -Amirthalingam, who enjoyed it jointly as joint family members. Said Amirthalingam passed away in 1984 leaving behind the plaintiffs and one Stalin, as his legal-heirs. Said Stalin went elsewhere without intimation and his whereabouts were not known. In 1993, a family arrangement was made between the plaintiffs and the said Perumal, in which the western side 2 ½ Cents were allotted to Perumal and the eastern side 2 ½ Cents were all
Possession established by parties through revenue documents prevails over contested ownership claims; mere sale deed insufficient to negate established rights.
A permanent injunction can be granted against a co-owner if the plaintiffs establish their possession and enjoyment of the property, despite the defendant's claims.
Long-standing possession supported by revenue records can establish entitlement to property, negating the need for a formal declaration of title.
Possession – Revenue records - If someone claims title by virtue of their long possession, such possession should be evidenced through valid pattas and other continuous revenue records standing in th....
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....
A suit for permanent injunction requires proof of possession; if title is disputed, a declaratory suit is necessary, and failure to include necessary parties renders the suit untenable.
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