Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
R. Raman Konar – Appellant
Versus
T.S. Govindara, (Died) – Respondent
JUDGMENT :
K.MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.9 of 2022, dated 17.07.2025, on the file of the Principal Subordinate Court, Kumbakonam, confirming the judgment and decree passed in O.S.No.447 of 2019, dated 30.11.2021, on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadaimarudhur.
2. The appellants are the defendants. The deceased plaintiff filed a suit in O.S.No.447 of 2019, against the appellants/defendants claiming permanent injunction restraining the defendants and their men in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit properties.
3. The defendants filed their written statement and contested the suit. The learned District Munsif, after framing necessary issues and after full trial, passed a judgment and decree, dated 30.11.2021, granting the relief of permanent injunction as prayed for. Challenging the judgment and decree in favour of the plaintiff, the defendants preferred an appeal in A.S.No.9 of 2022, on the file of the Principal Subordinate Court, Kumbakonam and pending the first appeal, the sole plaintiff died and his legal representatives were i
The High Court's jurisdiction in second appeals is limited to substantial questions of law; factual findings by lower courts are upheld unless exceptional circumstances exist.
Injunctions cannot be granted when an adequate remedy, like specific performance, exists, in accordance with the Specific Relief Act, and High Courts must limit their appeal jurisdiction to substanti....
The High Court's review in appeals under Section 100 of the CPC is limited to substantial questions of law; it cannot re-assess factual findings or interfere with the first appellate court's discreti....
The court reaffirmed that established ownership protects lawful possession, reinforcing the principle that cultivating tenants cannot be evicted without adherence to statutory procedures.
(1) Second appeal – Question of law for consideration will not arise in abstract but in all cases will emerge from facts peculiar to that case and there cannot be a strait-jacket formula.(2) Second a....
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
