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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
Srinivasan – Appellant
Versus
Periyasamy Gounder (Died) – Respondent
| Table of Content |
|---|
| 1. plaintiff proved possession over distinct suit property. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. bare injunction unsustainable if title seriously disputed. (Para 7 , 8 , 9 , 10) |
| 3. defendants failed to plead/prove property subdivision. (Para 11 , 12) |
| 4. prior decree no bar without property identity proof. (Para 13 , 14 , 15 , 16) |
| 5. concurrent possession findings not reappreciable in second appeal. (Para 17 , 18 , 19) |
| 6. appeal dismissed, injunction decree confirmed. (Para 20 , 21) |
JUDGMENT :
A.D. MARIA CLETE, J.
This Second Appeal is filed by the defendants 2 and 3 against the judgment and decree dated 29.10.2013 in A.S.No.7 of 2005 on the file of the Subordinate Judge, Kallakurichi confirming the Judgment and decree dated 16.09.2004 in O.S.No.338 of 1996 on the file of the Principal District Munsif, Kallakurichi, whereby the trial Court decreed the suit for permanent injunction .
2. For the convenience , the parties are referred to as per their rank before the trial Court.
3. Plaintiff’s Case in Brief: The Plaintiff’s case is that the suit property is land in S.No.111/8 measuring 45 cents in Vinaitheerthapuram village, Kallakurichi Taluk. The plaintiff claimed that he purchased
Injunction sustainable on proved possession without declaration if no title cloud or property identity with prior decree established.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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....
Where once a suit is held not maintainable, no relief of injunction can be granted.
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
In actions for injunctions, plaintiffs must demonstrate lawful possession and seek a declaration of title when ownership is disputed; failure to do so renders the suit unmaintainable.
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