A party must establish clear evidence of title and possession to succeed in a property claim; the absence of such evidence results in dismissal.

Headnote:(A) Code of Civil Procedure, 1908 - Section 100 - Second appeal filed challenging the judgment and decree of the learned Subordinate Judge confirming the dismissal of the suit by the Additional District Munsif, where the plaintiff sought declaration of title and permanent injunction over disputed property. (Paras 3, 4, 5, 18, 21)

(B) Property Law - Title and possession - The court held that the plaintiff failed to establish his ownership and possession of the suit property as the evidence presented did not comply with legal standards for proving title. The court noted that the previous vendor’s ownership was not substantiated. (Paras 16, 20, 22, 23)

Facts of the case:
The plaintiff sought ownership of Punjai land which he claimed was purchased from a vendor. The trial court dismissed his suit for lack of evidence to prove title and possession. The appellate court upheld this dismissal.

Findings of Court:
The evidence did not satisfactorily demonstrate the plaintiff's possession or ownership over the suit property, leading to affirmation of previous judgments dismissing the suit.

Issues: Key issues included whether the plaintiff was in actual possession of the property and whether the existing title was validly transferred from the vendor.

Ratio Decidendi: The court emphasized that possession must follow title and that a lack of definitive evidence to establish possession and ownership renders the plaintiff's claims untenable. The plaintiff's failure to present proper documentation or proof of title resulted in the dismissal of his claims.

Result: Second appeal dismissed.

JUDGMENT

The Second Appeal has been filed against the judgment and decree of the learned Subordinate Judge, Kanchipuram made in A.S.No.17 of 2006 dated 11.02.2010 confirming the judgment and decree of the learned Additional District Munsif, Kanchipuram made in O.S.No.190 of 2001 dated 31.01.2005.

2. Heard the learned counsels for the appellants and the respondents and perused the materials available on record.

3. The plaintiff in O.S.No.190 of 2001, on the file of the Additional District Munsif Court, Kanchipuram, is the first appellant herein. O.S.No.190 of 2001 had been filed by the plaintiff, S. R. Dominic, seeking a judgment and decree against the defendants, S.K.Padmanaban and Irudayamary for a declaration that the plaintiff is absolutely entitled for the possession of the suit property and to grant permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property, and for costs of the suit.

4. The said property had been described as Punjai land, bearing S.No. 276/2, measuring 0.99 cents out of a total area of 1.91 acres in Molasoor Village, Sriperumbudur Taluk, Kanchipuram District. By judgment dated 31.01.2005, the Additional District Munsif at Kanchipuram dismissed the suit. Thereafter, the plaintiff filed A.S.No.17 of 2006 before the Sub Court, Kanchipuram. By judgment dated 11.02.2010, the Appeal Suit was also dismissed and the decree and judgment of the Trial Court was confirmed and the present Second Appeal has been filed by the plaintiff. Pending the Second Appeal, the first appellant died and his legal heir has been brought on record as the second appellant in this Second Appeal. The first and second respondents also died, and their legal heirs have been brought on record as 3rd to 8th respondents. R7 had died and the legal heirs of R7 had been impleaded as R9 and R10.

O.S.No.190 of 2001 (Additional District Munsif Court, Kanchipuram)

5. In the plaint, the plaintiff, S.R.Dominic, had contended that the suit property, namely Punjai land bearing S.No.276/2, measuring 0.99 cents out of a larger area of 1.91 acres in Molasur village, Sriperumbudur Taluk, Kanchipuram District, absolutely belonged to him. It originally belonged to one Josephine, wife of Lourdhusamy. The plaintiff had purchased the suit property for adequate consideration by a sale deed dated 19.11.1999. The plaintiff had been raising crops in the suit property and was in actual possession. It had been further stated that the suit property in S.No.276/2 totally measures 1.91 acres, and the adjacent property in survey number 276/1 totally measures 1.92 acres. Both the lands and other properties originally belonged to the family of the Savarayya Naidu and there was a koorchit dated 04.07.1980.

6. It had been stated that the suit schedule property in S.No.276/2, measuring 0.99 cents out of a larger area of 1.91 acres had fallen to the share of Lourdhusamy under 'D' schedule in Koorchit. It had been stated that all the sharers have signed the Koorchit. However, while describing the property, the survey number has been wrongly given as 275/2 instead of 276/2. It had been stated that the land in S.No.276/1, measuring 1 acre out of the larger area of 1.92 acres, fell to the share of Santhammal under 'E' schedule. There also the Survey Number was wrongly given as 275/1 instead of 276/1. Annammal was given with 1 acre out of a larger area of 1.92 acres under 'F' schedule. It was also again wrongly mentioned as S.No.275/1 instead of 276/1.

7. It had been stated that the total land in S.No.276/2 was shared between Lourdhusamy and Augustine. Lourdhusamy was given 0.96 cents in D schedule, and Augustine was given the remaining 0.96 cents under B schedule. B schedule was also wrongly mentioned as S.No.275/2 in the Koorchit. It had been further stated that Lourdhusamy deserted his wife Josephine and his whereabouts were not known. The suit lands were cultivated by another family member by name John, who execute

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