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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
A. Ramya – Appellant
Versus
L. Thirunavukkarasu – Respondent
| Table of Content |
|---|
| 1. appeals against trial court's judgment and decree. (Para 2 , 18 , 19) |
| 2. details and outcomes of original suits. (Para 3 , 6) |
| 3. contested claims of possession and legitimacy of sale deed. (Para 20 , 21 , 26) |
| 4. arguments regarding abuse of process and relitigation. (Para 22 , 23 , 35) |
| 5. final judgment dismissing appeals for relitigation. (Para 30 , 31 , 39) |
JUDGMENT :
1. These three appeal suits have been preferred against two separate judgments and decree passed by the learned XVIII Additional Judge, City Civil Court, Chennai made in O.S.Nos.4642 of 2020 and 4644 of 2020, dated 16.04.2025.
3.The suit in O.S.No.4642 of 2020 has been decreed for declaration, for recovery of possession and also for permanent injunction and also for past mesne profits and also for damages for the use and occupation of the suit property from the date of the plaint till the date of handing over the possession to the plaintiff. The suit in O.S.No.4644 of 2020 filed for partition and also for declaration to declare the sale deed executed by her father as null and void, was dismissed by the trial court.
5.The suit in O.S.No.4642 of 2020 was originally filed before the Original Side of this Cou
The court upheld the principle of res judicata, confirming that relitigation of issues previously decided constitutes an abuse of the legal process.
The main legal point established in the judgment is that sale deeds executed in violation of an injunction order are void, and the doctrine of lis pendens applies to such transactions.
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.
Proper party inclusion is essential in property disputes, and claims of fraud must be substantiated by convincing evidence.
The distinction between judgment in rem and judgment in personam, and the binding nature of judgment in rem on anyone claiming interest in the property.
The original sale deed must be produced to validate property claims; failure to do so leads to adverse inferences and dismissal of the suit.
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
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