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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.KALAIMATHI
Syed Ahamed (Died) – Appellant
Versus
Shoukat Ali – Respondent
JUDGMENT :
R.KALAIMATHI, J.
1. Aggrieved by the findings given in A.S.No.2 of 2012 on the file of the Subordinate Judge, Perambalur, dated 31.07.2012 the plaintiff has preferred the Second Appeal.
2. The parties are indicated herein as per their litigative status and ranking before the trial Court.
3. According to the plaintiff, Syed Ahamed, he is the sole and absolute owner of the suit property. The suit property originally comprised in S.F.No.364/2 of Pennakonam Village. The plaintiff purchased the said property through sale deed dated 19.09.1966 in Doc.No.2857 of 1966 to an extent of 0.66 cent in S.F.No.364/2. Then as per the sale deed dated 05.11.1966, in Doc.No.3224 of 1966, the plaintiff purchased another land to an extent of 2.82 cents and totally Acre 3.48 cents out of acre 5.80 cents. The plaintiff has been in possession of the lands from the date he purchased and he is cultivating the crops.
3.1. The said lands were subsequently sub-divided by the U.D.R.Scheme after due notice and enquiry. S.F.No.364/2 sub-divided as S.F.No.163/2E measuring Hec.0.45.5, S.F.No.163/2B, measuring Hec.0.26.5 and S.F.No.163/2F Hec.0.40.5 are described here as suit property. The said patta was grant
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
Revenue records do not confer title or prove possession against commissioner report and admissions showing physical division by road and fencing; injunction suit maintainable on possession without de....
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....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
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.
Settled possession, supported by revenue records and documents, entitles a party to permanent injunction, even in the absence of title, when the true owner is not a party to the suit.
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