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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
R.Muthamilselvan – Appellant
Versus
Govindarajulu – Respondent
JUDGMENT :
A.S.No.539 of 2016 is filed challenging the dismissal of the suit for declaration and injunction filed by the appellant.
2. A.S.No.538 of 2016 is filed challenging the judgment and decree passed in favour of 1st respondent/plaintiff seeking declaration of title, declaration that the Settlement Deed executed by the 1st defendant in the suit in favour of 2nd defendant was null and void, recovery of possession, permanent injunction restraining the defendants 1 and 2 from alienating the suit property and for mandatory injunction directing the 3rd defendant to disconnect the power service connection effected in favour of the 1st defendant in the suit.
3. Since the issues in these suits are inextricably mixed up with each other, both the suits were tried together and Common Judgment was rendered by the Trial Court. Since the appeals are connected with each other, they are taken up together for hearing.
4. In this judgment, the expression 'appellant' refers to 'appellant' in both the appeals, plaintiff in O.S.No.172 of 2012 and 2nd defendant in O.S.No.152 of 2011. The expression '1st respondent' refers to 1st respondent in A.S.No.538 of 2016, sole respondent in A.S.No.539 of 2016,
The court upheld that a mere sale agreement without a registered deed does not confer title, and continuous possession under such agreement is considered permissive, not adverse.
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
The court held that the plaintiffs proved ownership through valid Sale Deed; defendants failed to substantiate adverse possession claims due to contradictions in evidence.
The main legal point established in the judgment is that possession is a good title against anyone who cannot show a better title. The court emphasized the importance of long possession and the burde....
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 sale deed executed without valid payment consideration is deemed sham, preventing any title transfer, establishing that property ownership remains with original heirs under the valid Will.
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