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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.N.MANJULA
Venkatachalam (died) – Appellant
Versus
Sakunthala – Respondent
JUDGMENT :
R.N. MANJULA, J.
1. The Second Appeal viz., S.A.No.293 of 2024 has been filed to set aside the judgment and decree dated 29.09.2010 passed in A.S.No.19 of 2008 on the file of the Sub Court, Ranipet, reversing the judgment and decree dated 17.12.2007 passed in O.S.No.87 of 2000 on the file of the District Munsif-cum-Judicial Magistrate Court No.I, Walajah.
2. The other Second Appeal viz., S.A.No.294 of 2024 has been filed to set aside the judgment and decree dated 29.09.2010 passed in A.S.No.44 of 2009 on the file of the Sub Court, Ranipet, confirming the judgment and decree dated 17.12.2007 passed in O.S.No.151 of 2000 on the file of the District Munsif-cum-Judicial Magistrate Court No.I, Walajah.
3. Heard both sides and perused the materials available on record.
4. Since the issue involved in both the second appeals are interconnected, these second appeals are decided by this common judgment.
5. For the sake of convenient discussion, the parties are referred as per their rank in the suits as plaintiffs and defendants.
S.A.No.293 of 2011
6. The defendants are the appellants. The plaintiffs have filed the suit against the defendants seeking the relief of declaration of his title
The court clarified that reliance on an unchallenged Commissioner's report for title determination is improper without accurate property measurement, and limitation for recovery of possession involve....
The court upheld the plaintiff's claim of title to the suit property based on the defendant's admission and the failure of the trial court to adhere to the direction of the appellate court.
Reliance on a local commissioner's report in judicial decisions must comply with natural justice principles; failure to allow cross-examination and address objections renders a judgment unsustainable....
Judicial decisions must adhere to principles of natural justice; failure to allow cross-examination of a commissioner invalidates reliance on their report.
Abandonment of an earlier suit without obtaining necessary permission under Order 23 Rule 1(4) CPC precludes the plaintiff from maintaining a subsequent suit on the same cause of action.
In a suit for permanent injunction, the plaintiff must prove possession of the property as of the date of filing; failure to do so results in dismissal.
The main legal point established is the importance of considering all evidence, addressing objections, and following procedural requirements in property disputes, along with the applicability of the ....
The duty of the First Appellate Court to record findings on all issues of law and facts, the admissibility of documentary evidence, and the application of res judicata.
The court emphasized the necessity of appointing a commissioner for boundary demarcation in property disputes, reinforcing the importance of valid title documentation over oral claims.
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