Lakshmi v. Vijayalakshmi
Case brief
What is this about?
The High Court set aside lower court decrees granting injunctions against a defendant, ruling that plaintiffs had no title to the disputed passage as their deeds showed a narrower property size than alleged. The appeal was allowed, dismissing the suit.
What did the court decide?
The judgment and decree of the courts below are set aside. The suit laid by the plaintiffs is dismissed with costs. The second appeal is allowed with costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 08.03.2019
PRONOUNCED ON : 02.04.2019
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN
S.A.No.802 of 2006
Lakshmi,
W/o.Narayanan,
67, K.C.Thottam,
Swamy Iyer New Street Extension,
Coimbatore-1. ... Appellant/Defendant
Vs.
1. Vijayalakshmi,
W/o.M.Rajan,
No.56-C, K.C.Thottam,
Swamy Iyer New Street Extension,
Coimbatore-1.
2. Sujatha,
W/o.M.Murthy,
No.56-C, K.C.Thottam,
Swamy Iyer New Street Extension,
Coimbatore-1. ... Respondents/Plaintiffs
Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 30.06.2005 in A.S.No.59 of 2004 on the file of the II Additional Subordinate Court, Coimbatore, confirming the judgment and decree dated 18.08.2004 in O.S.No.1453 of 2002 on the file of the Principal District Munsif Court, Coimbatore.
2
Issues for consideration
3 issues framed by the court
Whether the courts below erred in granting a decree for mandatory injunction directing demolition of construction put up in an area where the plaintiff has no title.
Whether the lower Appellate Court erred in casting the burden of proof on the defendant regarding title and formulating incorrect issues.
Whether plaintiffs can claim relief based on easementary rights when their claim relies on a title basis which has been disproven.
Parties & counsel
- appellant
Lakshmi, W/o.Narayanan
- respondent
Vijayalakshmi, W/o.M.Rajan
- respondent
Sujatha, W/o.M.Murthy
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court