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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
Tripower Enterprises (Pvt) Ltd. – Appellant
Versus
Selvam Aruldoss W/O Late Aruldoss – Respondent
ORDER :
N. SATHISH KUMAR, J.
1. This civil revision petition seeks to strike off the plaint in O.S.No.138 of 2023 on the file of the Additional District Munsif, Alandur.
2. The revision petitioner is the 1st defendant in the suit and the respondents 1 to 5 are the plaintiffs while the respondents 6 to 12 are the defendants 2 to 8. For the sake of convenience, the parties in this proceeding will hereinafter be referred as per their array in the suit.
3. The suit in O.S.No.138 of 2023 has been filed for a decree and judgment of permanent injunction against the defendants restraining the 1st defendant, their agents, representatives or any one else claiming on behalf of them from encumbering, alienating and from dealing with the suit schedule mentioned property in any manner without the consent of the plaintiffs.
4. The 1st defendant's case is that :
(i) the suit is nothing but a frivolous and vexatious one at the behest of one A.R. Sridharan, who had lost his legal battle before this court in common order dated 27.04.2023 made in W.P.Nos.7735, 11186 and 11408 of 2023 and order dated 09.09.2022 made in W.P.Nos.32535 of 2019, 3678 and 4148 of 2021, 488 and 7447 of 2022.
(ii) The said A.R.Sridh
A suit lacking a valid cause of action constitutes an abuse of process of law and is liable to be struck off to serve justice and maintain judicial efficiency.
The main legal point established in the judgment is that once the Settlement Officer's order reached finality, issuing Patta for the same land on different grounds is not sustainable in the eye of la....
The main legal point established in the judgment is that the subject land was classified as 'Anadheenam' and vested with the Government under the Tamil Nadu Estates (Abolition and Conversion into Ryo....
Point of law: Fraud vitiates everything. If an order is vitiated by fraud, it does not attain finality and it can be set at naught by a proper proceedings
Fraud must be pleaded and proved with specificity and clarity. The standard of proof required to establish fraud is very high, bordering on proof beyond reasonable doubt.
The court reaffirmed that to obtain patta outside the scope of the Abolition Act, continuous possession must be proven, and unsubstantiated claims based on fraudulent documentation are untenable.
The petitioner failed to exhaust alternate remedies regarding the cancellation of patta, and prior decrees confirming respondents' title and possession were determinative.
The principle of res judicata prevents re-litigation of previously settled land ownership disputes, especially against procedural lapses, reaffirming established ownership under the Orissa Estates Ab....
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