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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
V. Dasappan (Died) – Appellant
Versus
Marayammal (died) – Respondent
| Table of Content |
|---|
| 1. ownership and interest in property after death (Para 4 , 5) |
| 2. validity of sale deed and legal provisions (Para 6 , 9 , 11 , 12) |
| 3. procedural requirements for evidence admission (Para 8 , 10 , 13 , 14 , 15 , 16) |
| 4. remand for reconsideration of appeal (Para 17) |
JUDGMENT :
P.DHANABAL, J.
1. This Second Appeal has been preferred as against the Decree and Judgment passed in n A.S.No.81 of 2020 on the file of the First Additional District Judge, Salem.
2. The appellants are the plaintiffs in the suit and they filed the suit for declaration and for permanent injunction and the suit was dismissed by the trial court. Aggrieved by the said Judgment and decree of the trial court, the 1st plaintiff has preferred the Appeal Suit in A.S.No.81 of 2010 on the file of the First Additional District Judge, Salem and the First Appellate Court also dismissed the appeal by confirming the decree and judgment of the trial court. Aggrieved by the said judgment and decree, the present Second Appeal has been filed by the plaintiffs.
3. For the sake of convenience and brevity, the parties herein are referred as plaintiffs and defendants, as referred before the trial court.
4. The gist of the plai
Sale deeds executed by life estate holders without alienation rights are invalid; due process requires opportunity to rebut additional evidence in appellate hearings.
The appellate court determined that the First Appellate Court erred in not properly evaluating the ownership evidence, resulting in incorrect distribution of property rights and affirming the Plainti....
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.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
A sale deed is deemed null and void if the vendor lacks valid title to the property sold, as established by the auction process under the Financial Corporation Act.
The court ruled that plaintiffs failed to prove a mortgage, and the property was validly sold, negating their claims to the property as heirs.
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