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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
Sankara Subramanian – Appellant
Versus
Selvaraj (Died) – Respondent
| Table of Content |
|---|
| 1. ownership and prior possession details. (Para 3 , 4 , 5 , 6) |
| 2. time limits under property law affect recovery. (Para 12 , 26 , 29) |
| 3. possession must align with title claims. (Para 22 , 23) |
| 4. judgment outcome regarding partial allowance. (Para 30 , 31 , 32) |
JUDGMENT :
G.ARUL MURUGAN, J.
1. The plaintiffs are before this Court on appeal. The Second Appeal is filed challenging the judgment and decree, dated 10.01.2019, made in A.S.No.4 of 2014 on the file of the Additional Subordinate Court, Tenkasi, reversing the judgment and decree, dated 12.08.2012, made in O.S.No.47 of 2002 on the file of the District Munsif-cum-Judicial Magistrate Court, Shencottah.
2. For the sake of convenience, the parties are referred to, as per the litigative status before the trial Court.
3. It is the case of the plaintiffs that the suit property originally belonged to one P.T.Pillai. The two sons of P.T.Pillai, namely, Bhagavathy Pillai and Chidambaram Pillai, had, thereafter, got the suit property and were in enjoyment of the same. From them, the plaintiffs have purchased the suit property on 31.07.1990. During the time of purchase, the second plaintiff was a minor and his mother, as a natur
Title to property must be established through credible evidence; prior possession or adverse claims limit recovery rights.
Co-owners can maintain a suit for recovery of possession against third parties, and the decree benefits all co-owners despite non-joinder of some parties.
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
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