Ownership must be proven through proper documentation; mere possession or payment receipts are insufficient to establish ownership rights.

JUDGMENT

This Suit has been filed by the Plaintiffs for the relieves of declaration to declare that the Plaintiffs are the lawful and absolute owners of the Scuit Schedule property and consequently to grant a mandatory injunction directing the defendants to execute a Sale Deed in favour of the Plaintiffs and for costs.

2. The brief averments of the Plaint are as follows:-

The deceased 1^st Plaintiff's husband and the 2^nd Plaintiff's father namely Late Mr. C.V. Ramachandran had approached the defendant for purchasing a land and building and entered into an agreement for conveyance in respect of Plot No.1A of Town Survey No.4816 which is part of Thiyagaraya Nagar, Chennai-600 017. The 1^st defendant developed the Suit schedule property along with other property admeasuring 10 grounds and 45 sq. feet at Habibullah Road, T.Nagar, Chennai which was originally belonging to M.R.M.M.L. Muthupalaniappa Chettiar, whereby the original owner entered into an agreement with the 1^st defendant M/s. The Modern Builders on 14.09.1969. The husband of the 1^st Plaintiff (deceased) and the father of the 2^nd Plantiff namely Late Mr. C.V. Ramachandran had paid a sum of Rs.1,03,798/- as total sale consideration for the land and building to the 1^st defendant and the 1^st defendant also issued receipts for that and also handed over the possession of the Schedule property on 11.11.1971. The 1^st defendant had developed and had converted the ten grounds and 45 sq.ft. of land into 8 plots leaving sufficient space for 25feet private Road and the Corporation of Madras had also approved the Layout No.103 of 1969. The father of the 2^nd Plaintiff namely Late Mr. C.V. Ramachandran made a proposal to purchase one Plot constructed with building in Plot No.1A and the defendant also accepted the proposal and fixed the total cost of land including building at Rs.92,000/-, Stamp and Registration charges at Rs.2,700/- and extra bills at Rs.11,716/- and totally Rs.1,06,416/- was paid. The 1^st defendant after receipt of entire consideration, handed over the possession of the land and building in good condition on 11.11.1971. The Plaintiffs are in possession and enjoyment of the property from 11.11.1971 till date.

2.1. After taking possession of the land, the father of the 2^nd Plaintiff had approached the defendant to execute Sale Deed and the 1^st defendant delayed the registration due to dispute between the Original owner and the defendant. There was a Suit in O.S. No.4967 of 1973 pending before the Assistant City Civil Court, Madras for recovery of Rs.49,337/-. The dispute in the Suit was between the original owner and the 1^st defendant. In the above Suit, the father of the 2^nd Plaintiff, namely Late Mr. C.V. Ramachandran was also impleaded as one of the parties and he claimed that he had paid a sum of Rs.1,03,798.60 towards the cost of the land and buildings, fixtures, stamp duty and registration charges as early as on 11.11.1971. After receipt of notice from the City Civil Court, Madras, he came to know that the 1^st defendant had not paid the value of the land to the original owner, but the 1^st defendant had already handed over the possession of the schedule mentioned property on 11.11.1971. In the above said Suit, the City Civil Court observed that the 2^nd Plaintiff's father had taken over the legal possession of the land including building from the 1^st defendant. The 2^nd Plaintiff's father had clearly established his possession over the Plot No.1A. He was the established owner of the Suit schedule property with respect to the property in Plot No.1A. The father of the 2^nd Plaintiff paid all the public dues related to the Suit schedule property like property tax, water and sewerage tax and electricity bills etc