Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Rasayee (Died) W/o/. Ganesan – Appellant
Versus
Govindaswamy (Died) S/o. Ayyakannu – Respondent
JUDGMENT :
R.SAKTHIVEL, J.
1.Feeling aggrieved by the Judgment and Decree of 'the Principal Sub Court, Vridhachalam' ['First Appellate Court' for short] passed in A.S. No.7 of 2003, wherein and whereby the Judgment and Decree dated October 28, 2002 of 'the Principal District Munsif Court, Vridhachalam' ['Trial Court' for short] passed in O.S. No.1069 of 1989 was reversed, the plaintiffs in the Original Suit have come up with this Second Appeal.
2. For the sake of convenience, the parties will hereinafter be referred to as per their array in the Original Suit.
PLAINTIFFS' CASE
3. Case of the plaintiffs is that an extent of 2 Acre 76 Cents in Re-Survey No.123/1 of Narumanam Village, Vridhatchalam Taluk was originally owned by Appadurai as his ancestral entitlement. Appadurai passed away intestate in the year 1957 and he was survived by his wife - Chellammal and his three daughters who are the plaintiffs herein. After the demise of Appadurai, his wife and the plaintiffs who were then minors, were enjoying the aforesaid extent of 2 Acre 76 Cents.
3.1. On January 6, 1959, Appadurai's wife, for herself and her minor daughters viz., plaintiffs, sold an extent of 1 Acre out of the aforesaid 2 Ac
The judgment establishes that continuous possession and proper documentation can affirm ownership, while claims of adverse possession require clear evidence and specific pleading.
Long possession alone does not establish adverse possession; clear evidence of hostile intent against the rightful owner is required.
The judgment emphasizes the importance of valid documentation for establishing property ownership and highlights the contradictory nature of claiming adverse possession against one's own property.
The appellate court determined that the First Appellate Court erred in not properly evaluating the ownership evidence, resulting in incorrect distribution of property rights and affirming the Plainti....
A plaintiff must provide clear and specific evidence of property ownership, including boundaries, to succeed in a claim for declaration and injunction.
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
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
