Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
J. Vadivelu – Appellant
Versus
Pachaiamman Devasthanam Rep. by its Executive Officer, Anna Salai – Respondent
| Table of Content |
|---|
| 1. ownership and history of suit property. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. dismissal of appeals based on concurrent findings. (Para 8) |
| 3. contentions regarding title and admissions. (Para 9 , 12 , 14 , 15) |
| 4. plaintiffs' claim and burden of proof. (Para 10 , 11 , 13 , 16) |
| 5. final dismissal of appeal with no costs. (Para 17) |
JUDGMENT :
S. SOUNTHAR, J.
1. The unsuccessful plaintiffs are the appellants herein. They filed a suit seeking declaration of title and permanent injunction against the respondent temple. The suit was dismissed by the trial court and the findings of the trial court were confirmed by the first appellate court. Challenging the concurrent findings against them, the plaintiffs have come before this court by way of second appeal.
2. According to the plaintiffs, the suit property was originally belonged to Appa Durai Chetty and 3 others. Pursuant to the decree dated 31.10.1944 passed by this court in CS.No.14 of 1944, the suit property was brought to sale in auction and one C.M.Vadivambal had been declared as successful purchaser. The sale was confirmed by order dated 04.09.1946 and subsequently, the sale certificate was issued on 17.10.1946. The said Vadivam
A party claiming ownership must prove their title independent of any weaknesses in the opponent's case; admissions in legal documents undermine claims.
The burden of proof in a suit for declaration of title rests on the plaintiff, who must approach the court with clean hands and provide sufficient documentary and oral evidence to establish their cla....
Point of law : Where a cloud is raised over the plaintiff's title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is the remedy. Wh....
A suit for recovery of possession against a lessee is premature without formal termination of the lease under the Transfer of Property Act. Moreover, revenue settlement proceedings do not negate the ....
![PACHAMMAL (DIED) Vs SRI BALAVINAYAGAR [DEITY]](https://supremetoday-s3.b-cdn.net/Madras_3.png)
Revenue documents are presumed to be genuine and correct, and the burden of proof lies on the party challenging their validity to prove that they are vitiated by fraud, surreptitious entry, or non-co....
Tenancy rights must be legally established as per applicable laws; mere possession without proper tenancy is insufficient.
The main legal point established in the judgment is the requirement for proper stamping and registration for a valid sale deed, the distinction between dedication to a temple and a sale transaction, ....
In a suit for declaration of title, the burden lies on the plaintiff to prove their title; additionally, a party cannot be granted both a mandatory injunction for restoration of property and monetary....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
