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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
State of Tamil Nadu – Appellant
Versus
K.Rajendrababu – Respondent
JUDGMENT :
K. GOVINDARAJAN THILAKAVADI, J.
1. The second appeal is directed against the judgement and decree dated 07.04.2010 in A.S.No.55 of 2008 on the file of the Sub Court poonamallee, confirming the judgement and decree dated 26.02.2004 in O.S.No. 28 of 1994 on the file of the District Munsif Court, poonamallee.
2. The appellants are the defendants and the respondents are plaintiffs in the above suit. The respondents as plaintiffs filed the above suit in O.S.No. 28 of 1994 for declaration of plaintiff's title to the suit property and for mandatory injunction directing the defendants to cancel the nature of the suit property under the classification of 'Tarisu' and record the same as the regular patta land in the Revenue records and for cost. The learned District Munsif, Poonamallee, by the judgement and decree dated 26.02.2004 decreed the suit. Not satisfied with the findings arrived at by the learned District Munsif Poonamallee, the defendants preferred an appeal in A.S. No. 55 of 2008 on the file of the Sub Court Poonamallee praying to set aside the judgement and decree dated 26.02.2004 passed by the learned District Munsif, Poonamallee.
3. By judgement and decree dated 07.04.20
The burden of proof in title suits rests with the plaintiffs to establish a superior title; revenue entries are insufficient to confer ownership.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
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.
Possession established by parties through revenue documents prevails over contested ownership claims; mere sale deed insufficient to negate established rights.
The jurisdiction of the Civil Court to entertain a suit for declaration of title and recovery of possession is not barred by the grant of patta under the Inam Abolition Act, and the appellant must pr....
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
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