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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
Sellamuthu (Died) S/o.Palanimuthu – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. claim of title based on long possession (Para 2 , 3 , 4 , 5 , 8) |
| 2. allegations of disturbance in peaceful possession (Para 6 , 7) |
| 3. evidence supporting plaintiffs' long possession (Para 9 , 10) |
| 4. arguments on rights due to possession (Para 11 , 12) |
| 5. legal principles around possession and title (Para 13 , 15) |
| 6. consequences of government land occupation (Para 18 , 28) |
JUDGMENT :
G.JAYACHANDRAN, J.
The appeal is directed against the dismissal of the Suit for declaration of title and permanent injunction.
2. The appellants herein are sons of Palanimuthu. They claim title over the suit property on the basis of long possession of the suit property, which is classified as Government Porambokku.
3. Their claim is primarily based on the penal tax receipts (B Memo) paid by their father and by the plaintiffs 1 and 2 for the continuous occupation of the land by encroachment and also the earlier litigations between them and one Veeramuthu, S/o Muthusamy in O.S.No.673 of 1996 before the District Munsif Court, Perambalur. The said suit for declaration of title and permanent injunction though has been allowed by the Trial Court against the first plaintiff, on appeal in A.S.No.7 of
Ownership claims based on long possession of government land are untenable as mere possession does not confer title or legal protection against eviction.
Long possession of government land does not confer title or protection against eviction, and injunctions are contingent upon established title.
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
Where once a suit is held not maintainable, no relief of injunction can be granted.
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....
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