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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R. Swaminathan
A.Subramanian – Appellant
Versus
Neelam Jaiswal – Respondent
JUDGMENT :
G.R. Swaminathan, J.
Heard the learned counsel for the appellant. The respondents have been served. Though they have entered appearance through counsel, there is no representation on their behalf.
2. The appellant filed O.S.No.173 of 2005 on the file of the Principal District Munsif Court, Ambasamudram seeking the relief of permanent injunction. The case of the plaintiff is that the registered sale deed dated 16.09.2004 executed by him in favour of the defendants pertained to land alone and did not cover the standing trees. The plaintiff wanted the Court to restrain the defendants from interfering with his right to cut and remove the standing trees.
3. The defendants filed written statement controverting the plaint averments. According to them, the plaintiff sold the suit land with all the incidental rights and interests. Based on the divergent pleadings, the learned trial Court framed the necessary issues.
4. The plaintiff examined himself as P.W.1 and two other witnesses on his side. Ex.A1 to Ex.A13 were marked. The husband of the first defendant examined himself as D.W.1. One Arumugam was examined as D.W.2. Ex.B1 to Ex.B3 were marked. An advocate commissioner was appointed
The sale of land encompasses all attachments, including standing trees, unless expressly excluded; failure to seek a declaration renders an injunction suit unsustainable.
Standing trees are considered included in the sale of land under property law unless specifically excluded in the sale agreement.
The burden of proof lies with the Plaintiff to establish exclusive possession of the land in a case involving damage to property.
The main legal point established in the judgment is the probative value of the Gazette Notification under the Forest Act and the implications of the bar on entertaining suits during the notification ....
The court affirmed that ancestral property rights are inherent to all coparceners, and sales executed without consent are invalid.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
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