BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Chinnakaruppan – Appellant
Versus
P. Jeyalakshmi – Respondent
| Table of Content |
|---|
| 1. summary of case background and prior judgments. (Para 2 , 3) |
| 2. jurisdiction and criteria for section 100 cpc appeals. (Para 4 , 5) |
| 3. findings on possession and adverse possession standards. (Para 6 , 14 , 15) |
| 4. conclusion on dismissal of appeal due to lack of substantial questions. (Para 17) |
JUDGMENT :
K. MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.32 of 2024, dated 19.12.2025, on the file of the Subordinate Court, Melur, confirming the judgment and decree passed in O.S.No.252 of 2014, dated 21.09.2024, on the file of the District Munsif Court, Melur.
2. The appellants are the defendants. The respondent as plaintiff filed a suit in O.S.No.252 of 2014, before the District Munsif Court, Melur claiming recovery of possession. The defendants filed their written statement and contested the suit.
3. The learned District Munsif, after framing necessary issues and full trial, passed a judgment and decree dated 21.09.2024, granting the relief of recovery of possession as prayed for. Aggrieved by the said judgment and decree, the defendants filed an appeal in A.S.No.32 of 2024 and the learned Subordinate Judge, Melur, upon con
Gurnam Singh (dead) by LRs., and others Vs. Lehna Singh (dead) by LRs.
The High Court's jurisdiction under Section 100 CPC is limited to substantial questions of law, not to disturb factual findings by lower courts without valid grounds.
The High Court's review in appeals under Section 100 of the CPC is limited to substantial questions of law; it cannot re-assess factual findings or interfere with the first appellate court's discreti....
The judgment emphasizes the importance of continuous possession and the lack of evidence to support adverse possession in property disputes.
The main legal point established in the judgment is that adverse possession claims must be supported by evidence and cannot contradict the findings of previous suits.
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