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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
D. Chandra W/o Dharmarasa – Appellant
Versus
J. Manikandan S/o Duraisamy Pillai – Respondent
JUDGMENT :
T.V. THAMILSELVI, J.
1. This second appeal has been filed to set aside the Judgement and decree made in A.S No.13 of 2024 on the file of Subordinate Judge, Rasipuram, dated 24.09.2024 confirming the Judgment and decree dated 30.01.2024 made in O.S No.83 of 2010 on the file of the District Munsif Court, Rasipuram.
2. For the sake of convenience, the parties are referred to as per their rank cited in the Original Suit. The appellant herein is the 1st defendant and the respondents 1 to 4 herein are the plaintiffs in the original suit.
3. The brief facts of the case are as follows:
(i) The case of the plaintiffs is that the suit property belongs to their grand father Late Duraisamy. vide Sale Deed dated 29.05.1978. After his demise, the plaintiffs’ father ie. D. Jayapal who was the 1st plaintiff in O.S No.83 of 2010 and the plaintiffs were enjoying the suit property in S.No.430/15 to an extent of 675 sq.ft which is located at Singalanthapuram Village, Rasipuram Taluk, and Namakkal District. To reach the house in the suit property from East West Raja Veethi, there is 6.6 feet (2 meters) breadth lane running South to North. The said lane is common lane which was used by land owners
The main legal point established in the judgment is the interpretation of Section 8 of the Transfer of Property Act to determine the rights of the parties regarding the usage of a common lane.
Injunction suits require declaration where title disputed; long continuous user of pathway protectable by status quo injunction without title or easement declaration, to preserve peace and prevent li....
The plaintiff's failure to prove exclusive right over the suit lane and the court's reliance on documentary evidence to establish common ownership.
Transfer of property rights during ongoing litigation are subject to the doctrine of lis pendens, affecting claims of ownership and right to injunction.
Point of law : Suit for mandatory injunction was filed for removal of huts on the land against the defendants, who were described as the encroachers without requesting relief of possession, and decla....
Concurrent findings of fact regarding the existence of a common pathway based on revenue records and evidence of encroachment cannot be interfered with in a second appeal, especially when the plea of....
The main legal point established in the judgment is that the existence of the public lane, as indicated in the sale deed, and the defendant's lack of ownership over the lane were crucial in determini....
Failure to seek declaration and recovery of possession is a legal hurdle in granting a mandatory injunction. The burden to establish the right shifts to the plaintiff, who must prove the disputed lan....
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