In this Second Appeal, the Court dismissed the challenge against a decree declaring the defendant's title by way of sale deed. The Court held that a suit for declaration without challenging the sale deed is not maintainable as a separate remedy exists.
Second Appeal dismissed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Judicature at Madras
Dated: 24.10.2016
Coram
The Honourable Mr.JUSTICE K.RAVICHANDRABAABU
Second Appeal No.409 of 2016
and
C.M.P.No.7145 of 2016 Shajadee Bi .... Appellant/Plaintiff Vs. V.K.Shanmugham .... Respondent/Defendant Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 15.10.2015 passed in A.S.No.2 of 2015 on the file of III Additional District Judge, Vellore at Tirupattur, confirming the decree and judgment dated 29.01.2013 made in O.S.No.250 of 2009 on the file of Subordinate Judge, Vaniyambadi, Vellore District.
For Appellant : Mr.S.Subbiah
For Respondent : Mr.D.Balachandran
J U D G M E N T
The appellant is the plaintiff in a suit for declaration and permanent injunction claiming that she is the absolute owner of the suit property and in possession and enjoyment of the same over which the defendant is not having any right or title. On the other hand, the suit is resisted by the defendant on the ground that the plaintiff having sold the property to the defendant by way of registered Sale Deed dated 13.09.2006 for valid consideration, is not entitled to maintain the suit. Both the Courts below, on appreciation of the rival pleadings of the parties and the evidence let in by them, rejected the claim of the appellant. Hence, the present Second Appeal is filed before this Court challenging such concurrent finding.
-s/d-
Assistant Registrar True Copy
Sub-Assistant Registrar
vsi
To
copy to The Section Officer VR Section High Court Madras +1 cc to M/s.S.Subbiah Advocate sr 60607 Second Appeal No.409 of 2016 sal(co) aa21/11/2016
2 issues framed by the court
Whether a suit for declaration of title and interim injunction can be maintained without challenging the sale deed executed in favour of the defendant.
Whether the failure of the plaintiff to amend the plaint to challenge the sale deed warrants dismissal of the Second Appeal.
1 provisions across 1 enactments
Shajadee Bi
V.K.Shanmugham
K.Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
