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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. JUSTICE R.HEMALATHA, J
M.Selvaraju – Appellant
Versus
E.Ramasamy Gounder (Died) – Respondent
JUDGMENT :
The unsuccessful plaintiff before both the Courts below has filed the present second appeal.
2. The plaintiff, M.Selvaraju filed the suit in O.S.No.583 of 1997 before the Principal Sub Court, Salem, for declaration of his title to the suit property and for a permanent injunction restraining the defendants 3 to 5 and their men and agents from interfering with his peaceful possession and enjoyment of the suit property or in the alternative directing the defendants 3 to 5 to deliver possession of the suit property to the plaintiff. The suit property morefully described in the plaint is a vacant land in survey number 19/2A1B3B1 of Meyyanur Village, Salem Taluk, Salem District, measuring 0.03.0 hectares within the boundaries stated in the plaint schedule.
3. For the sake of convenience, the parties are referred to as per their rank in the trial court and at appropriate places, their rank in the present second appeal would also be indicated.
4. The case of the plaintiff in a nutshell is as follows :
The plaintiff is the absolute owner of the suit property. The suit property originally belonged to one Sengottuvelu Gounder. He created a public charitable trust in the name and style o
The court upheld the validity of prior decrees and ruled that a Power of Attorney executed by trustees was invalid, affirming that the plaintiff's claims were barred by lis pendens and suppression of....
A suit for possession must include a declaration of title when there is a dispute over ownership; mere possession cannot support recovery claims.
The distinction between judgment in rem and judgment in personam, and the binding nature of judgment in rem on anyone claiming interest in the property.
The burden of proof lies on the party asserting facts, with claims of forgery regarding a registered power of attorney necessitating all relevant parties to be joined to the suit for effective adjudi....
An agreement of sale does not create any interest or charge on property; subsequent deeds must be joined in a suit for title claim.
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