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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
Yasoda – Appellant
Versus
Joseph Cyril – Respondent
JUDGMENT :
N. SATHISH KUMAR, J.
Aggrieved over the judgment and decree passed by the learned XVII Additional Judge, City Civil Court, Chennai, in O.S.No.4226 of 2020, dated 28.04.2022, declaring the title of the plaintiff and granting a decree of recovery of possession, the 2nd defendant in the suit has filed the above Appeal.
2.For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3.The plaintiffs are husband and wife. It is the case of the plaintiffs that they have purchased the suit property, which is a vacant land, by virtue of sale deed dated 22.10.2003 from one Dr.Saifinaaz and Mr.Habib Mirza Altaf Hussain. Later, the plaintiffs entered into a construction agreement, dated 07.10.2004, with the 1st defendant engaged by the owners of the property. The 1st defendant agreed to construct a flat having super built up area of 1200 sq.ft. in the First Floor. The construction of the flat was completed in the middle of 2005 and possession was handed over to the plaintiffs at the end of 2005. The 2nd defendant was working as Marketing Manager in the Company run by the 1st defendant. She had developed a good rapport with the plaintiffs. After the
The court ruled that permissive possession does not confer title, affirming ownership of plaintiffs over property and their right to recover possession.
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
Concurrent findings established that ownership rests with the plaintiff based on a valid title deed while the defendant's claims of property ownership and legality of construction were unsupported.
A tenant cannot acquire title against the true owner, and the rights of subsequent purchasers are protected under law, emphasizing the obligation to vacate upon lease termination.
The appellants' possession of the suit property is the settled possession and it has to be protected until they are evicted by due process of law. The respondent had lost the right to claim declarati....
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