Kasi vs Elumalai
2021 Latest Caselaw 4514 Mad

                                                                              S.A.No.1680 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:22.02.2021

                                                      CORAM:

                                      THE HON'BLE MR.JUSTICE T.RAVINDRAN

                                                S.A.No.1680 of 2008
                                                        and
                                                 M.P.No.1 of 2008

                     Kasi,
                     S/o, Subbaraya Pillai,
                     Keezhnamandi Village,
                     Vandavasi taluk,
                     Tiruvannamalai District.                                      ... Appellant


                                                    Vs.
                     Elumalai,
                     S/o, Maya Pillai,
                     Keezhnamandi Village,
                     Vandavasi taluk,
                     Tiruvannamalai District.                                    ... Respondent

                     Prayer: Second Appeal filed under Section 100 of C.P.C., against the

                     judgment and decree dated 26.06.2008 passed in A.S.No.2 of 2007 on the

                     file of the Subordinate Court, Cheyyar, Thiruvannamalai District in

                     confirming the judgment and decree dated 30.11.2006 passed in O.S.No.444

                     of 1995 on the file of the Additional District Munsif Court, Vandavasi.


                     1/8


https://www.mhc.tn.gov.in/judis/
                                                                               S.A.No.1680 of 2008

                                           For Appellant     : Mr.V.Meenakshi Sundaram

                                           For Respondent   : Mr.M.Venkata Krishnan


                                                    JUDGMENT

Challenge in this second appeal is made to the judgment and decree

dated 26.06.2008 passed in A.S.No.2 of 2007 on the file of the Subordinate

Court, Cheyyar, confirming the judgment and decree dated 30.11.2006

passed in O.S.No.444 of 1995 on the file of the Additional District Munsif

Court, Vandavasi.

2. From the pleas putforth by the respective parties and the

submissions made, it is found that the plaintiff who is the appellant in this

second appeal has laid the suit for the reliefs of declaration and permanent

injunction on the footing that 0.64 cents in S.No.1/2 and 0.74 cents in

S.No.1/7 originally belonged to one Munussamy Pillai and that Munusamy

Pillai had executed a settlement deed in respect of half share in the

abovesaid properties in favour of his wife Chelliammal on 02.04.1941,

marked as Ex.A1. Munusami Pillai having died, accordingly putforth that

https://www.mhc.tn.gov.in/judis/ S.A.No.1680 of 2008

his wife had obtained ¾ share and his daughter had inherited ¼ share and

they were enjoying the properties acquired by them jointly and after the

demise of Chelliammal, her daughter Kannammal had executed the sale

deed in favour of the plaintiff's father on 17.10.1968 in respect of half of

the properties in the above S.Nos. and since then, it is only the plaintiff's

father Subburaya Pillai who had been enjoying the properties by paying

Kists etc. The plaintiff has purchased the other half share in the suit

properties in the said suit survey numbers from Kannammal vide Ex.A2 sale

deed and accordingly on that basis, claimed the reliefs sought for in the suit.

3. Per contra, the case of the defendant is that the properties in

S.No.1/2, 0.64 cents and S.No.1/7, 0.74 cents originally belonged to one

Kitti Pillai, the defendant's father's vendor and Munusami Pillai, the

plaintiff's father's vendor and there is no dispute with regard to the half

share said to have been purchased by the plaintiff's father and according to

the defendant, the other half share in S.Nos.1/2 and 1/7 was purchased by

the defendant's father under Ex.B1 sale deed dated 21.05.1943 and

subsequent to his demise, it is only the defendant who is in the possession

https://www.mhc.tn.gov.in/judis/ S.A.No.1680 of 2008

and enjoyment of the said extent and therefore according to the defendant,

Kannammal has no right to execute Ex.A2 sale deed in respect of the share

sold to the defendant's father and accordingly prayed for the dismissal of the

plaintiff's suit.

4. As rightly held by the Courts below, when the plaintiff has not

explained as to how his vendor had a clear title to the property disposed of

by Ex.A2 sale deed and no material has also been projected by the plaintiff

to convince that his vendor had a pucca title to sell the property and other

than the revenue records projected by the plaintiff to substantiate his claim

of title, possession and enjoyment of the suit properties and when the

revenue records projected by the plaintiff had also been challenged by the

defendant and the defendant had also produced the adangal extracts marked

as Exs.B3 to B5 in the name of his father, as rightly concluded by the

Courts below, no safe reliance could be made upon the revenue records

projected by the plaintiff as such. As concluded by the Courts below, the

revenue documents are not documents of title. When the title of the

plaintiff's vendor has been failed to establish in the manner known to law,

https://www.mhc.tn.gov.in/judis/ S.A.No.1680 of 2008

the claim of the plaintiff that he had purchased the half share of the suit

properties under Ex.A2 sale deed cannot be countenanced and therefore his

claim of title to the entire properties on the strength of Ex.A4 Patta, in the

name of his father also cannot be countenanced. When the defendant has

thrown a stiff challenge to the plaintiff's claim of title to the properties said

to have been conveyed under Ex.A2 and on the other hand, when it is found

that the plaintiff's vendor had no title to the suit property covered under

Ex.A2 sale deed, since the same had also been already purchased by the

defendant's father on 21.05.1943 vide Ex.B1 sale deed, the determination of

the Courts below that the plaintiff's claim of title, possession and enjoyment

of the properties covered under Ex.A2 sale deed as such cannot be

countenanced and rightly disbelieved and rejected by the Courts below. No

effort has been taken by the plaintiff to examine his vendor evidencing his

valid title to the suit properties. Therefore, the Courts below had rightly

declined the relief of declaration sought for by the plaintiff qua the suit

properties and equally the Courts below had rightly rejected the claim of the

plaintiff that he is entitled to the recovery of possession of the suit

properties based on Ex.A2 sale deed, which sale deed has been not

https://www.mhc.tn.gov.in/judis/ S.A.No.1680 of 2008

established to be a valid document in accordance with law on the part of the

plaintiff.

5. The reasonings and conclusions of the Courts below for rejecting

the plaintiff's case being based on the proper appreciation of the materials

available on record, both on factual matrix and on the points of law and

when they are not shown to be in any manner perverse, illogical and

irrational, I do not find any valid reason to interfere with the same.

6. In conclusion, the judgment and decree dated 26.06.2008 passed in

A.S.No.2 of 2007 on the file of the Subordinate Court, Cheyyar, confirming

the judgment and decree dated 30.11.2006 passed in O.S.No.444 of 1995 on

the file of the Additional District Munsif Court, Vandavasi are confirmed.

Resultantly, the second appeal is dismissed with costs. Consequently,

connected miscellaneous petition, if any, is closed.

22.02.2021 mfa Index:yes Internet:yes

https://www.mhc.tn.gov.in/judis/ S.A.No.1680 of 2008

To

1. The Subordinate Judge, Subordinate Court, Cheyyar.

2.The Additional District Munsif, Additional District Munsif Court, Vandavasi.

Copy to

The Section Officer, VR Section, High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ S.A.No.1680 of 2008

T.RAVINDRAN, J.

mfa

S.A.No.1680 of 2008 and M.P.No.1 of 2008

22.02.2021

https://www.mhc.tn.gov.in/judis/