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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Jeyamurugan – Appellant
Versus
Natarajan – Respondent
JUDGMENT :
K. MURALI SHANKAR, J.
1. The Second Appeal is directed against the judgment and decree made in A.S.No.24 of 2021 dated 06.02.2025 on the file of the Subordinate Court, Thoothukudi, confirming the judgment and decree dated 24.08.2021 passed in O.S.No.112 of 2017 and the counter claim filed therein on the file of the Additional District Munsif Court, Thoothukudi.
2. The appellant is the plaintiff (hereinafter referred as 'plaintiff'). The plaintiff filed a suit claiming permanent injunction restraining the respondent / defendant (hereinafter referred as 'defendant') and his men from trespassing or interfering with the plaintiff's peaceful possession and enjoyment of the suit 2nd schedule property. The defendant filed a counter claim cum written statement to declare that the suit 2nd schedule property belongs to him and for consequential permanent injunction restraining the plaintiff from in any manner interfering with the defendant's peaceful possession and enjoyment of the suit property. The learned Additional District Munsif, Thoothukudi, after framing necessary issues in the suit as well as in the counter claim and after full trial, passed a judgment and decree dated 24.08
The High Court's jurisdiction in second appeals is limited to substantial questions of law; factual findings by lower courts are upheld unless exceptional circumstances exist.
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.
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....
In injunction suits, the plaintiff must prove possession of the property on the date of filing the suit; both lower Courts' findings supporting possession were affirmed.
High Court's jurisdiction under Section 100 is limited to substantial questions of law, preventing interference with concurrent factual findings unless substantial issues arise.
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