IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN
Vasantha (Deceased) – Appellant
Versus
Velur Sri Vaidhyanathaswamy Devastanam, Vaitheeswarankoil rep. by its hereditary Trustee Sri La Sri Masilamani Desiga Gnanasambanda Paramacharya Swamigal – Respondent
JUDGMENT :
C. KUMARAPPAN, J.
1. Both the appeals are arising against the judgment and decree of two different suits in O.S.No.228 of 1994 and O.S.No.241 of 1994. It is pertinent to mention here that, both the suits have been disposed of independently. However, the judgement was pronounced on the same day qua 05.09.2000. The subject matter of both the suit is one and the same. The parties are also one and the same. Apart from that, the facts, law and documents involved in these two Second Appeals are intertwined and interconnected. Hence, this Court deems it appropriate to take up both the Second Appeals together for disposal.
2. The appellant in both the appeals is one Vasantha, who was the defendant in O.S.No.228 of 1994, and the plaintiff in O.S.No.241 of 1994. The plaintiff in O.S.No.228 of 1994 and the defendant in O.S.No.241 of 1994 qua Dharmapuram Aadeenam is the respondent in both the appeals. Besides Aadeenam, in SA.No.1114 of 2002, Government was also arrayed as respondents 2 and 3.
3. For the sake of convenience, this Court deems it appropriate to refer the parties according to their litigative status in O.S.No.228 of 1994.
4. The brief facts which give rise to the instant two
R. Sivaji Rao Saheb Seervai Vs. Akilandathammal and others
Anathula Sudhakar Vs. P. Buchi Reddy (Dead) by LRs. & Ors.
Muniammal Vs. Muthu Gounder (Sied) and others
D. Srinivasan Vs. K. Amavasai & others
T.V. Ramakrishna Reddy Vs. M. Mallappa and others
M.R. Samiappan Vs. The Secretary to Govt. Revenue Dept, Madras
Civil Courts have jurisdiction to hear cases concerning title and possession of land, reaffirming that straightforward possession suits can proceed without a need for title declaration, particularly ....
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....
The plaintiffs failed to establish lawful possession of the Suit Properties, and the Suit was not maintainable under Order I Rule 8 due to non-joinder of necessary parties and lack of evidence.
The burden of proof in title suits rests with the plaintiffs to establish a superior title; revenue entries are insufficient to confer ownership.
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 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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.