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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
Besant Raj International Ltd., Rep. by its Chairman and Managing Director Dr. A. Besant C. Raj – Appellant
Versus
Metro General Credit Limited – Respondent
JUDGMENT :
C.V. KARTHIKEYAN, J.
The plaintiff in O.S.No. 1251 of 2011 on the file of the VII Additional City Civil Court at Chennai is the appellant herein.
2. O.S.No. 1251 of 2011 had been initially filed as C.S.No. 247 of 2006 before the Original Side of this Court and later owing to change in the pecuniary jurisdiction had been transferred to the City Civil Court and renumbered as O.S.No. 1251 of 2011.
3. The plaintiff M/s. Besant Raj International Ltd., a company incorporated under the Companies Act, 1956 had filed the suit seeking a declaration that the plaintiff was the absolute owner of the suit property and for consequential permanent injunction restraining the defendants from either alienating the suit property or interfering with the peaceful possession especially by auction in E.P.No. 1799 of 2003 in O.S.No. 6560 of 1996 on the file of the IX Assistant City Civil Court at Chennai and for costs of the suit.
4. By Judgment dated 11.10.2014, the suit was partly decreed relating to grant of permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit schedule property by the plaintiff but dismissing the suit relating to the r
Claim of adverse possession requires continuous, open, and hostile possession for a statutory period, along with intention to possess against the true owner, significantly impacting the title of the ....
The main legal point established in the judgment is the requirement for adverse possession, including the need for peaceful, open, and continuous possession, as well as the animus possidendi to hold ....
To claim adverse possession, one must establish continuous, open, and hostile possession for the statutory period, acknowledging the title of the true owner.
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Point of Law : It is trite that court while considering an application under Order VII Rule 11 CPC is required to consider contents of plaint and documents relied upon by plaintiff whereas defence di....
A claim for adverse possession must plead essential facts including the true owner's identity and hostile possession; mere possession lacks sufficiency for title. Claims must also meet limitation req....
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