Vs
Case brief
What is this about?
This second appeal challenged a judgment declaring title and granting permanent injunction in favour of plaintiffs claiming ownership via inheritance and specific possession rights, facing an adverse inference due to non-production of a 1950 settlement deed.
What did the court decide?
Second appeal dismissed with confirmation of judgments of Courts below. No order as to cost.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 29.11.2016
PRONOUNCED ON : 02.12.2016
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.245 of 1996
- Kandasamy Padayachi ...1st Appellant/ 1st Appellant/
1st Defendant
2. Manjamuthu
3. Thangavel
4. Murugesan
(Appellants 2 to 4 brought on record
as Lrs of the deceased first appellant
vide order dated 07.10.2009 and made
in MP(MD) No. 3 of 2009 in
SA(MD) No.245 of 1996 by GMAJ) ..Appellants 2 to 4
Vs
1. Thangarasu Padyachi
2. Govindasamy
3. Devaki
4. Saraswathi ...Respondents 1 to 4/ Respondents
2 to 5/ Plaintiff 2 to 5
5. G.Mukka Padyachi
6. Govindasamy Padyachi
7. Pitchipillai Padyachi ... Respondents 5 to 7/
Appellants 2 to 4/ Defendants 2 to 4
Prayer:Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 28.02.1994 made in A.S.No.125 of 1992 on the file of the Principal District Court, Tiruchirapalli confirming the judgment and decree made in O.S.No.488 of 1982 dated 21.09.1990 on the file of the District Munsif, Perambalur.
For Appellants : Mr.S.Mukunth for M/s.Sarvabhauman Associates
Issues for consideration
2 issues framed by the court
Whether the Courts below were correct in law in not drawing an adverse inference from the nonproduction of the registered settlement deed dated 18.09.1950 by the plaintiffs?
Whether the claim of adverse possession can be used as a shield for title declaration or only as a defence against proceedings?
Parties & counsel
- appellant
Kandasamy Padayachi and others
- respondent
Thangarasu Padyachi and others
Coram
G. Jayachandran
Case details
As recorded by the court registry
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