Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
V.Manickavasagam S/o.Late.Viswanatha Mudaliyar – Appellant
Versus
Kanniyammal (Died) – Respondent
JUDGMENT :
P. VADAMALAI, J.
1. This Second Appeal is preferred against the judgment and decree, dated 02.03.2017 passed in A.S.No.39 of 2014 on the file of the Principal Sub Court, Karur, reversing the judgment and decree, dated 27.10.2014 passed in O.S.No.704 of 2002 on the file of the Additional District Munsif Court, Karur.
2. The appellant is the plaintiff in O.S.No.704 of 2002 on the file of the Additional District Munsif Court, Karur. The respondents are the defendants in that suit. The appellant/plaintiff has filed the suit for bare injunction.
3. For the sake of convenience, the parties are referred to as per their rank in O.S.No.704 of 2002 on the file of the Additional District Munsif Court, Karur.
4. It is the case of the plaintiff that one R.Ramasamy Mudaliar was the absolute owner of the suit property by virtue of registered partition deed dated 15.06.1943. The said Ramasamy Mudaliar is the grandfather of the principal/ plaintiff Manickavasagam. He executed a registered general power of attorney dated 06.11.2002 in favour of his power agent, P.Nagrajan, to deal with the suit property on his behalf. The defendants approached the plaintiff to purchase the suit property for a
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
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.
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 injunction, the plaintiff must establish prima facie title or possession; failure to do so results in dismissal of the suit.
A suit for permanent injunction is not maintainable when a genuine dispute on title arises. The proper remedy is a comprehensive suit for declaration, reaffirming the principle that possession follow....
In a suit for injunction over vacant land, genuine title disputes necessitate a suit for declaration; mere possession does not suffice without establishing title.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
