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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
Rarathinamangalam Panchayat, Rep by its President, Rarathinamangalam, Visalur Post, Kangalancherry via Nagapattinam Taluk and Munsif – Appellant
Versus
K. Thiagarayan – Respondent
| Table of Content |
|---|
| 1. overview of appeals process (Para 1 , 2) |
| 2. plaintiff's claim and judicial background (Para 3 , 4 , 5) |
| 3. trial and appellate court findings (Para 6 , 7) |
| 4. title and encroachment arguments (Para 8 , 10 , 15) |
| 5. evidence and judicial observations (Para 9 , 11 , 12 , 13 , 14) |
| 6. conclusion of the judgment (Para 16) |
JUDGMENT :
R.N. MANJULA, J.
These Second Appeals have been filed to set aside the judgment and decree made in A.S.Nos.30 & 35 of 2011 dated 21.12.2011 on the file of the District Judge, Nagapattinam, modifying and reversing the judgment and decree made in O.S.No.98 of 2010 and O.S.No.10 of 2009 on the file of the learned Subordinate Judge, Nagapattinam dated 30.06.2011.
2. Heard Mr.P.Dinesh Kumar, learned counsel for the appellants and Mr.V.Chandrasekaran, learned counsel for R1 and Dr.S.Suriya, learned Additional Government Pleader for R2 to R5 and perused the materials available on record.
3. The appellants in both the appeals are the defendants in both the suits against whom the same plaintiff has filed two suits, one for permanent injunction and the other for damages. The trial Court has decreed the suit which is sought for permanent injunction and dismissed
In land disputes, possession and legal title must be clearly established, and unilateral attempts to dispossess based on communal claims without proper justification are impermissible.
: duty is cast upon the Executive Authority of the Panchayat to institute proceedings with regard to the encroachments and secure the removal of the encroachments and further held that if any person ....
A suit for injunction is maintainable to protect settled possession against private interference, even without a prayer for title, especially when the plaintiff's possession is acknowledged.
Revenue records do not confer title or prove possession against commissioner report and admissions showing physical division by road and fencing; injunction suit maintainable on possession without de....
Settled possession, supported by revenue records and documents, entitles a party to permanent injunction, even in the absence of title, when the true owner is not a party to the suit.
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