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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Krishnapillai (Died) – Appellant
Versus
Anilkumar – Respondent
| Table of Content |
|---|
| 1. plaintiff claims possession based on partition and mortgage rights. (Para 1 , 5) |
| 2. defendant asserts prior adjudication and lack of plaintiff's title/possession. (Para 6 , 7 , 8 , 9 , 10) |
| 3. appellants contend misinterpretation of partition deed and mortgage rights. (Para 11 , 12 , 13 , 14) |
| 4. respondent argues bare injunction is improper when title is clouded. (Para 15 , 16 , 17 , 18 , 19) |
| 5. court finds plaintiff failed to prove title and possession. (Para 20 , 21 , 22 , 23 , 24) |
| 6. a suit for bare injunction is not maintainable when title is in dispute. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
P.B. Balaji, J.
1.The plaintiff, who suffered concurrently before the trial Court and the first appellate Court, in a suit for permanent injunction, is the first appellant herein. The appellants 2 to 6 are the legal heirs of the deceased first appellant / plaintiff.
2. The second appeal was admitted by me on 17.04.2026 on the following substantial questions of law:
I. Is not the Courts below misread Exhibit A.4 insofar as the right of the appellant's mortgage right is concerned?
II. Is not the Courts below committed an error in dismissing the suit without lookin into the basic fact tha
A suit for bare injunction is not maintainable when the title to the property is under a cloud; the plaintiff must instead seek a declaration of title. Appellate courts will not interfere with concur....
Registered partition deed between brothers under Mohammedan law creates valid title; High Court cannot re-appreciate facts absent substantial question of law in second appeal.
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.
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....
The court maintained that prior judgments and actual possession govern ownership claims in property disputes, reaffirming the principle of res judicata in civil matters.
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.
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