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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
M. Seethapathy – Appellant
Versus
Srinivasan – Respondent
JUDGMENT :
K.GOVINDARAJAN THILAKAVADI, J.
1. This Second Appeal is preferred against the judgment and decree dated 01.09.2022 passed in A.S. No.36 of 2018, on the file of the Sub Court, Arakkonam, confirming the Judgment and decree dated 31.07.2018 passed in O.S.No.77 of 2011, on the file of the District Munsif Court, Arakkonam.
2. The plaintiff has filed the suit in O.S. No.77/2011 for declaring the registered Gift Deed dated 28.12.2006 executed by the 4th defendant in favour of the 6th defendant as null and void and not binding on the plaintiff and to declare the common passage situate on the west of the suit property measures only 16 feet in width and for permanent injunction.
3. According to the plaintiff, he had purchased the suit property measuring an extent of 1298 sq. ft. in S.Nos.342/2B and 2C with specific boundaries morefully described in the suit schedule from the 4th defendant under a sale deed dated 16.07.2003, who sold the same to the plaintiff as power agent of one Bakthan and others. Though the western boundary is mentioned as common passage, no specific measurement was given in the sale deed, but in the ground only 16 feet passage remains and the same is also admitte
A unilateral gift deed executed without consent of prior property owners is invalid, reinforcing the necessity for proper consent and title rights in property disputes.
(1) Decree of permanent injunction cannot be granted by going against stipulations in agreement to sell.(2) Interpretation of Documents – Where language employed in instrument is clear and unambiguou....
Where Easement Act inapplicable, easement rights governed by justice, equity, good conscience; right by gift deed extinguished by changed circumstances providing independent access and causing servie....
Court clarified that claims for easementary rights require explicit pleadings and declarations, ruling on injunction based on possession without such declarations is unsustainable.
The central legal point established in the judgment is the court's authority to issue injunctions and the consideration of privacy, security, and alternative entrances in property disputes.
A rectification deed can be validly executed to correct prior settlement deeds to reflect the true intentions of the parties, provided the settlor retains authority over the property.
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