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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
Siva Subramania Nadar (died) – Appellant
Versus
Arulmigu Pathira Kaliamman Koil Rep.by its Haqdar S.Veldurai S/o.Senthoorpandi – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim to title and possession disputed. (Para 2 , 3 , 4) |
| 2. court findings on documentation and ownership contradictions. (Para 9 , 28 , 30) |
| 3. arguments based on documentation and positioning of property. (Para 15 , 16) |
| 4. need for title declaration in injunction suits. (Para 25 , 36) |
| 5. suit dismissed; decision on legal grounds confirmed. (Para 37) |
JUDGMENT :
The defendant in a suit for permanent injunction has preferred the present second appeal challenging the judgment and decree of both the Courts below.
(A).Factual Matrix:
2.As per plaint averments, the plaintiff claimed title to the suit schedule properties of 1 acre and 93 cents in Survey No.44/1 on the basis Exs.A1 to A6 sale deeds. According to the plaintiff, the total extent of land covered under Exs.A1 to A6 is 2 acres. In the said 2 acres, patta was granted in favour of the plaintiff temple. 7 cents was acquired by the Government for formation of road. Excluding 7 cents, 1 acre and 93 cents is in possession of the plaintiff temple for which patta has been issued in Patta No.1646. The plaintiff is in possession for over 70 years. The defendant has neither title nor possession over the suit schedul
A permanent injunction suit is not maintainable without a prior declaration of title when there is a dispute regarding ownership.
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....
A suit for permanent injunction is not maintainable without seeking a declaration of title when the plaintiff's title to the property is in dispute or under a cloud. The grant of patta and reliance o....
A suit for permanent injunction requires proof of possession; if title is disputed, a declaratory suit is necessary, and failure to include necessary parties renders the suit untenable.
A simple suit for injunction is not maintainable when there is a dispute over title, and the plaintiffs must prove possession within the claimed boundaries.
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