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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
Sundaramoorthy – Appellant
Versus
Muthusamy – Respondent
JUDGMENT :
R.N.Manjula, J.
The first defendant is the appellant. The suit has been filed by the plaintiff for declaration and permanent injunction in respect of the suit schedules 'A', 'B' and 'C' along with future damages and recovery of possession in favour of the second plaintiff.
2. The trial Court has decreed the suit as prayed for. The defendants 1 to 4 have filed their counter-claim in respect of 'C' Schedule property and the same has been dismissed. The plaintiffs are required to file a separate petition to claim the future damages. The appeal preferred by the first defendant before the first appellate Court was also by confirming the judgment and decree of the trial Court. Now the first defendant has filed the second appeal by challenging the judgment of the first appellate Court.
3. The short facts pleaded in the plaint by the plaintiffs in brief:-
The plaintiffs 1 and 3 are the sons of one Nataraja Mudaliar through his legally wedded wife Pattu Ammal. The second plaintiff is the daughter of the first plaintiff. The Nataraja Mudaliar has been living with one Dhanalakshmi by having physical relationship outside of his marriage and the first defendant is the son born through the
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
The judgment emphasizes the importance of valid documentation for establishing property ownership and highlights the contradictory nature of claiming adverse possession against one's own property.
The registered sale deed carries a presumption of genuineness, and the burden of proof lies on the defendants to establish it as a sham, which they failed to do.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
The court affirmed that a sale deed executed with authority is valid unless fraud or coercion is proven, and claims must be filed within a statute of limitations.
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
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