Nirmala v. Jayaraman
Case brief
What is this about?
Second appeal dismissed against orders in a suit for bare injunction. The court held that while title cannot be adjudicated in a suit for injunction, the lower courts' finding that defendants are in possession stands. Appeal dismissed with parties directed to maintain status quo.
What did the court decide?
Maintain status quo. Plaintiffs directed to file appropriate suit for declaration of title.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 04.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Second Appeal No.455 of 2015
- Nirmala
w/o late Kuppusamy
2. Ashok Kumar,
S/o Late Kuppusamy
3. Anand Kumar,
S/o Late Kuppusamy
4. Arun Kumar,
S/o Late Kuppusamy
5. Anith Kumar,
S/o Late. Kuppusamy ... Appellants/Appellants/
Plaintiffs
Vs.
1.Jayaraman,
S/o Ponnan
2. Kannadasan,
S.o Jayaraman
3. Ramadoss,
S/o Jayaraman ... Respondents/Respondents/
Defendants
Second Appeal has been filed against the Judgment and Decree dated 15.09.2014 made in A.S.No.83 of 2012 on the file of Subordinate Judge, Poonamallee confirming the Judgment and decree dated 21.08.2012 made in O.S.No.542 of 1998 on the file of the Additional District Munsiff Court, Poonamallee.
For Appellants : Mr.G.Dilip Kumar For Respondents : Ms.K.Aparna Devi
J U D G M E N T
The unsuccessful plaintiffs in a suit for bare injunction are the appellants before this Court.
- The case of the plaintiffs is that their mother owned the suit property for long number of years and died instate in
Issues for consideration
2 issues framed by the court
Whether mere payment of penalty in respect of an unregistered instrument could confer right and title in respect of immovable property?
Whether the findings of the courts below in respect of conferring right or title in respect of immovable property by virtue of an unregistered instrument are right?
Parties & counsel
- appellant
Nirmala
- appellant
Ashok Kumar
- appellant
Anand Kumar
- appellant
Arun Kumar
- appellant
Anith Kumar
- respondent
Case details
As recorded by the court registry
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