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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Chandra – Appellant
Versus
Kaliyaperumal – Respondent
JUDGMENT :
A.D. MARIA CLETE, J.
1. These two second appeals arise from the common judgment and decree dated 09.07.2013 in A.S.No.126 of 2012, whereby the first appellate Court set aside the decree of declaration of title granted by the trial Court, but confirmed the decree of permanent injunction in favour of the plaintiffs in O.S.No.307 of 1999.
2. S.A.No.70 of 2014 is by the plaintiffs, seeking restoration of the declaration of title; S.A.No.1282 of 2013 is by the first defendant, challenging the grant/confirmation of injunction.
3. Since both second appeals arise from the same lis and overlap on facts and law, they are disposed of by this common judgment.
4. For the sake of convenience and clarity, the parties in both the second appeals are referred to in this judgment according to their respective ranks as arrayed in the suit in O.S.No.307 of 1999.
5. The suit O.S.No.307 of 1999 was filed by Mani and others against Kaliyaperumal and another seeking declaration of title and permanent injunction in respect of the suit property.
6. The plaintiffs’ case, in substance, is: (i) there was a family partition around 1964; (ii) thereafter, for convenient enjoyment, an exchange arrangement was e
In property disputes, established legal title prevails over claims of possession and unproven arrangements such as exchanges, reaffirming that 'title follows possession' is rebuttable.
A claimant must establish legal ownership to obtain an injunction; granting an injunction based on a dismissed declaration suit is contrary to established legal principles.
A suit for permanent injunction does not require dismissal if there is no real cloud to the title of the plaintiff, warranting a declaration. There is no absolute bar under the Specific Relief Act to....
There is no absolute bar under Specific Relief Act to file suit for bare injunction even when title is in dispute.
In a property injunction suit, a plaintiff must demonstrate current possession, irrespective of competing title claims, to obtain relief.
Civil Suit - Suit for injunction and declaration - Nature of claims made by both the parties against each others, the issue of possession cannot be decided without conducting an inquiry as to issue o....
Adverse Possession – When in a suit simpliciter for a perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plainti....
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
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....
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