Madras High Court
Kadhersulthan vs Musabu Kani on 2 June, 2021
S.A.(MD).No.324 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
S.A.(MD).No.324 of 2021
and
C.M.P.(MD).Nos.4382 and 4383 of 2021
Kadhersulthan : Appellant / Appellant / Plaintiff
Vs.
Musabu Kani : Respondent / Respondent /
Defendant
PRAYER: Appeal filed under Section 100 of C.P.C. praying to
set aside the Judgment and Decree dated 05.03.2020 passed in A.S.No.09
of 2018, on the file of the Subordinate Judge, Mudukulathur, confirming
the Judgment and Decree, dated 14.12.2017, passed in O.S.No.89 of
2013, on the file of the District Munsif Court,Mudukulathur.
For Appellant : Mr.T.Thirumurugan
1/6
https://www.mhc.tn.gov.in/judis/
S.A.(MD).No.324 of 2021
JUDGMENT
***********
The plaintiff, who lost before both the Courts below, has filed
the present Second Appeal before this Court.
2. The appellant / plaintiff filed a suit for recovery of
possession against the respondent / defendant. The specific case of the
appellant is that the suit property originally belonged to his father
Bakeer Mohamad Rowthar and the same was settled in favour of the
respondent / defendant. The further case of the appellant is that by virtue
of this settlement, the other legal heirs were not given any property and
ultimately, the dispute was referred to the Jamath where a decision was
taken to cancel the document and the property was, thereafter, divided
among all the legal heirs. Since the appellant was not given possession
of his share of the property, the suit for recovery of possession has been
filed before the Court below.
3. Heard Mr.T.Thirumurugan, learned counsel appearing on
behalf of the appellant.
https://www.mhc.tn.gov.in/judis/
S.A.(MD).No.324 of 2021
4. Both the Courts below have categorically found that there is
no dispute with regard to the fact that the property originally belonged to
the father of the appellant. When he was alive, he had executed a
settlement deed in favour of the defendant on 05.04.1982, which was
marked as Ex.A.1. This settlement deed has not been put to challenge
and it has not been cancelled in the manner known to law. The appellant
has relied upon the decision taken by the Jamath and even if it is taken to
be true, such a decision only has a persuasive value and no Jamath can
cancel a registered document as claimed by the appellant.
5. The property being the exclusive property of the father of
the appellant, he had every right to deal with the same without any
restriction during his life time. Therefore, the Courts below have rightly
held that the respondent had become the absolute owner of the property
by virtue of Ex.A.1 and his title has not been challenged. The decision of
the Jamath marked as Ex.A.6, cannot nullify a valid registered document
and it has been rightly held so by both the Courts below.
https://www.mhc.tn.gov.in/judis/
S.A.(MD).No.324 of 2021
6. In the considered view of this Court, there is absolutely no
substantial question of law involved in the present case and both the
Courts below have properly appreciated the oral and documentary
evidence while dismissing the suit filed by the appellant. This Court
cannot undertake to once again re-appreciate the evidence which will be
beyond the scope of a Second Appeal under Section 100 C.P.C.
7. In the result, this Second Appeal is dismissed. No costs.
Consequently, the connected Civil Miscellaneous Petitions are closed.
02.06.2021
Index : Yes/No
Internet : Yes/No
tsg
To
1. The District Munsif, Mudukulathur.
2. The Sub Court, Mudukulathur.
3. The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
S.A.(MD).No.324 of 2021
NOTE:
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order that
is presented is the correct copy, shall be the responsibility of
the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
S.A.(MD).No.324 of 2021
N.ANAND VENKATESH, J
tsg
Judgment made in
S.A.(MD).No.324 of 2021
Dated:02.06.2021
https://www.mhc.tn.gov.in/judis/
