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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
S.N.Janardhanan – Appellant
Versus
Gandhigram Trust by its Managing Trustee Gandhigramam, Dindigul Taluk – Respondent
JUDGMENT :
R.VIJAYAKUMAR, J.
The plaintiffs in a suit for declaration of title and recovery of possession have filed the present second appeal challenging the concurrent findings.
(A)Factual Matrix:
2.As per plaint averments, the suit schedule properties were the absolute properties of one Chellamuthu Chettiar by way of a registered sale deed in his favour dated 09.10.1911 which is marked as Ex.A1. He had died in the year 1930 intestate, leaving behind his three sons, Nagursamy Chettiar, Nagalingam Chettiar and Muthukamu Chettiar. It is further averred in the plaint that Nagursamy Chettiar and Muthukamu Chettiar have executed a registered release deed in favour of Nagalingam Chettiar on 23.11.1932 which is marked as Ex.A2. Thereafter, the suit schedule properties are the exclusive properties of Nagalingam Chettiar who had passed away in the year 1942 when the first plaintiff was five years old. Therefore, it devolved upon the first plaintiff and his three children who are arrayed as plaintiffs 2 to 4.
3.It is further averred in the plaint that the after execution of release deed on 23.11.1932, Nagursamy Chettiar and Muthukamu Chettiar have executed a registered sale deed in favour of th
A suit for declaration of title becomes barred by limitation if not filed within the statutory period following attainment of majority or the deed date, with adverse possession applying for valid cla....
Possession for property under void transactions does not confer title; the statutory periods of limitation apply rigorously, especially for minors claiming ownership post-majority.
A de facto guardian cannot alienate a minor's property without court permission, rendering such transactions void.
The sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
A sale executed contrary to a will's prohibition is voidable and must be set aside; failure to do so renders the suit for possession untenable.
The registered sale deed carries a presumption of genuineness, and the burden of proof lies on the defendants to establish it as a sham, which they failed to do.
The court ruled that minors cannot execute a sale deed, yet insufficient evidence was provided to substantiate the plaintiffs' claim of minority, leading to the dismissal of their suit.
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