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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
Anbarasi – Appellant
Versus
V. Bhaskar – Respondent
| Table of Content |
|---|
| 1. background of the appeal and prior judgments. (Para 1 , 2 , 5) |
| 2. dispute details and claims regarding possession. (Para 3 , 4 , 7 , 8) |
| 3. substantial questions of law regarding property rights. (Para 6 , 9 , 12) |
| 4. court's review of evidence and prior findings. (Para 10 , 11 , 13) |
| 5. legal reasoning regarding encroachment and title. (Para 14 , 15 , 16) |
| 6. final decision on the appeal. (Para 17) |
JUDGMENT :
K. GOVINDARAJAN THILAKAVADI, J.
1. This Second Appeal is filed against the judgment and decree dated 08.04.2021 made in A.S.No.1 of 2021 passed by the Sub Court, Alandur reversing the judgment and decree dated 27.02.2017 made in O.S. No. 370 of 2011 passed by the Additional District Munsif, Alandur.
2.The unsuccessful plaintiff is on appeal.
3.The plaintiff has filed the above suit in O.S.No.370/2011 seeking the relief of permanent injunction and for mandatory injunction asserting that she possesses absolute title and uninterrupted possession over the 'A' schedule property to an extent of 1210 sq. ft., in T.S.No.35 under Ex.A2 sale deed dated 07.03.1996. While so, the defendant is trying to construct compound wall on the eastern side by encroaching a portion of plaintiff
In property disputes, discrepancies between title deeds and TSLR reports favor the registered dimensions in determining ownership and encroachment, with physical possession reports being pivotal.
The main legal point established in the judgment is the reliance on the Advocate Commissioner's report to determine the extent of encroachment and ownership of the disputed property.
The main legal point established in the judgment is the reliance on evidence such as the Advocate Commissioner's report, sale-deeds, and the FMB sketch to confirm encroachment and shortage of land, a....
The court upheld the plaintiffs' title to the property based on misinterpretation of evidence by the first appellate court.
The duty of the First Appellate Court to record findings on all issues of law and facts, the admissibility of documentary evidence, and the application of res judicata.
The plaintiff's long possession and evidence of encroachment warranted relief despite the absence of a title declaration, while the defendant's claims were unsubstantiated.
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