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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
Thavasi @ Thavamani – Appellant
Versus
Maya Jothi – Respondent
JUDGMENT :
K. MURALI SHANKAR, J.
The Second Appeal is directed against the judgment and decree made in A.S.No.25 of 2021 dated 09.12.2025 on the file of the Subordinate Court, Theni, confirming the judgment and decree passed in O.S.No.20 of 2011 dated 07.04.2021 on the file of the District Munsif Court, Andipatti.
2. The appellants are the defendants. The respondents / plaintiffs filed a suit in O.S.No.20 of 2011 on the file of the District Munsif Court, Andipatti seeking recovery of possession of the suit properties. The appellants / defendants filed their written statement and contested the suit.
3. For the sake of convenience and brevity, the parties hereinafter will be referred to as per their status / ranking in the trial Court.
4. The learned District Munsif, Andipatti, after framing necessary issues and after full trial, passed a judgment and decree dated 07.04.2021 granting the relief of recovery of possession in respect of Items 1 and 2 of the suit properties and dismissed the suit in respect of the 3rd Item of the suit properties. Aggrieved by the said judgment and decree, the defendants preferred an appeal in A.S.No.25 of 2021 and the learned Subordinate Judge, Theni, upon co
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 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 main legal point established in the judgment is that a claim of adverse possession and ownership based on an oral gift must be substantiated with clear evidence, and the burden of proof lies with....
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.
(1) Adverse Possession – Mere long possession will not create any right by way of adverse possession – There should be element of definite refusal of right of ownership or title as well as hostile po....
The judgment emphasizes the importance of continuous possession and the lack of evidence to support adverse possession in property disputes.
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