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2010 Supreme(Mad) 1870

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. PALANIVELU
Mrs. K. Saraswathy
Versus
The State of Tamil Nadu rep. by the Collector of Chennai, &
Others
A.S.Nos.935 and 936 of 2008 & M.P.Nos.1 of 2008
Decided on : 21-04-2010

Advocates appeared:
For the Appellant:T. Srinivasaraghavan, Advocate.
For the Respondents:V. Ravi Special Govt. Pleader, V. Bharathidasan & B.T. Seshadri, Advocates.

The appellant has acquired ownership of the property through adverse possession as she has been in open, continuous, and uninterrupted possession for a significant period of time, and the original owners had knowledge of her possession.

Headnote:

Adverse Possession - Property - None

Fact of the Case:

The appellant claims ownership of a property based on a registered sale deed. The respondents claim that the property originally belonged to their predecessor and was sold to them. The appellant has been in possession of the property for a long period of time. The respondents argue that the appellant's possession is not adverse as it was not brought to the knowledge of the true owner. The trial court dismissed the appellant's suit and decreed the suit filed by the respondents. The appellant has appealed against this decision.

Finding of the Court:

The court examines the evidence presented by both parties and concludes that the appellant has been in possession of the property for a significant period of time. The court also finds that the original owners had knowledge of the appellant's possession. The court applies the principles of adverse possession and holds that the appellant has acquired ownership of the property through adverse possession.

Ratio Decidendi: The court holds that the appellant has acquired ownership of the property through adverse possession as she has been in open, continuous, and uninterrupted possession for a significant period of time, and the original owners had knowledge of her possession.

Result: The court allows the appeal filed by the appellant and decrees her suit for ownership of the property. The suit filed by the respondents is dismissed.

JUDGMENT

Because of the interconnectivity of the matter, the common judgment is rendered.

1. The plaint in O.S.No.2844 of 2004, filed by the appellant herein, contains the following averments:-

1.(a) Land measuring 2419 Sq.ft. with superstructure therein in T.S.No.15(part) Block No.3, in Sembium Village, Purasavalkam-Perambur Taluk, Chennai with other properties were purchased by M. Sethumadhavan from one M. Sadullah Bhasha and others by a registered sale deed. Thereafter the said Sethumadhavan sold the suit land with small superstructure, to the plaintiff. The plaintiff demolished the superstructure and applied to the Corporation/2nd defendant, for planning permission and building license for construction of house. The 2nd defendant also granted planning permission and building license to build ground floor of the proposed building. The plaintiff obtained house building loan from Life Insurance Corporation of India, constructed the house with the ground floor and residing in that house. She got electricity connection and is paying property tax as assessed by the second defendant. Thereafter, she applied for planning permission and building license for construction of the first floor in the house and the second defendant granted the same for additional construction. On the strength of planning permission, she completed the construction of the first floor in the month of May 2000 and is in possession of the land and building by paying property tax and electricity consumption for the said building.

1.(b) To her shock and surprise, the plaintiff received a show cause notice on 111. 2000 from the 2nd defendant as to why the planning permission and building license granted to her should not be revoked. She sent reply to that notice on 211. 2000. But the 2nd respondent by order dated 212. 2000, revoked the planning permission and building lincense under Sec.54(2) of the Tamil Nadu Town and Country Planning Act and under Sec.365(4) of the Madras City Municipal Corporation Act, which is illegal arbitrary, without lawful authority and colorable exercise of powers.

1.(c) The plaintiff filed W.P.No.2369 of 2001 before the High Court, Madras, against the above order. The said writ was admitted. Subsequently, the defendants 3 and 4 (respondents 3 & 4 in A.S.No.935/2008) filed petition for impleadment to the said writ petition and the same was allowed. The writ petition was finally disposed of with a direction to the plaintiff to establish her title in Civil Court and also directed her and the defendants 3 and 4 to work out their remedy in the Civil Court. Hence, the plaintiff filed this suit seeking for declaration of her title to the suit property and for consequential reliefs.

1.(d) Originally one Muthu was in possession of the suit property. Subsequently, Sadulla Basha purchased the property and he had been in possession and enjoyment of the property. After the sale deed by Sadulla Bhasha and his sons to Sethumadhavan, Sethumadhavan was in possession of the property. There was a small superstructure with a tiled roof. The plaintiff purchased the land with the superstructure from Sethumadhavan on 9. 1984 under a registered sale deed, demolished the superstructure and constructed a pucca building after obtaining necessary planning permission and building licence from Corporation authorities. It is therefore clear that the plaintiff and the vendors had been throughout been in open, uninterrrupted and continuous possession and enjoyment of the schedule land and superstructre.

1.(e) It is further averred in the plaint that the first defendant i.e., the Collecter of Chennai by order dated 18. 1996 cancelled the patta granted by the Tahsildar. The cancellation of patta did not take into account the spate of registered documents and the cancellation was the result of a casual approach and without going into the substance of the matter. Patta is not a document of title but it is only a bill of rent. It is now settled law that the revenue authori






































































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