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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 possession. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. defendants failed to participate in trial. (Para 8 , 9) |
| 3. legal principles regarding unauthorized possession. (Para 10 , 11 , 12 , 13 , 15 , 17) |
| 4. consequential relief dependent on title proof. (Para 14 , 20 , 21) |
| 5. conditions for granting injunctions. (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. unlawful occupants entitled to neither title nor injunction. (Para 28) |
JUDGMENT :
G. JAYACHANDRAN, J.
1. 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 T
Long possession of government land does not confer title or protection against eviction, and injunctions are contingent upon established title.
Ownership claims based on long possession of government land are untenable as mere possession does not confer title or legal protection against eviction.
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.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
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.
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
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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