M.Senthamarai vs Dhanalakshmi
2021 Latest Caselaw 22745 Mad

                                                                                S.A.No.961 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 19.11.2021

                                                   CORAM:

                                  THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

                                               S.A.No.961 of 2021
                                           and C.M.P.No.18165 of 2021

                M.Senthamarai                                             ... Appellant

                                                      Vs.

                1. Dhanalakshmi

                2. M.Mallika

                3. M.Malarvizhi

                4. M.Maragadham

                5. K.V.Ranga Ramanujam

                6. Vaidehi Umesh Babu

                7. R.Krishna Desigan                                      ... Respondents



                PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure
                Code against the judgment and decree of the learned Additional District Judge,
                Hosur, made in A.S.No.18 of 2014 dated 22.08.2019 confirming the judgment
                and decree of the learned Subordinate Judge, Hosur, made in O.S.No.39 of
                2012 dated 20.06.2013.

https://www.mhc.tn.gov.in/judis
                                                                                            S.A.No.961 of 2021




                                            For Appellant           : Mr.P.Haribabu

                                            For Respondent No.5 :      Ms.P.Ramya

                                                              -----

                                                    JUDGMENT

Aggrieved over the concurrent finding of the Courts below, the

appellant has preferred this Second Appeal.

2. The plaintiff filed a suit for declaration of title and cancellation of

registered document. The plaintiff/appellant relied on a Gift Deed made by her

father in her favour. But, she could file only a true attested copy of the

unregistered Gift Deed. In spite of several opportunities, she could not file the

original Gift Deed executed by her father in her favour.

3. It is also to be noted that the said Gift Deed was not a registered

one and it conveyed the property worth more than Rs.100/-. The Courts below

have concurrently held that the plaintiff/appellant is not entitled to claim

declaration of title on the basis of the unregistered document for an immovable

property worth more than Rs.100/-. Even at this stage, the plaintiff/appellant

could not produce a valid title deed.

https://www.mhc.tn.gov.in/judis S.A.No.961 of 2021

4. Therefore, the plaintiff/appellant cannot claim title without there

being any title in her favour. It is also required to be noted that the defendants

are none other than her mother and other siblings. Therefore, injunction against

co-owners cannot also be granted. I do not find any material to entertain this

Second Appeal.

Accordingly, this Second Appeal is dismissed. There shall be no order

as to costs. Consequently, connected Miscellaneous Petition is closed.

19.11.2021 asi To

1. The Additional District Judge, Hosur.

2. The Subordinate Judge, Hosur.

https://www.mhc.tn.gov.in/judis S.A.No.961 of 2021

M. GOVINDARAJ, J.

asi

S.A.No.961 of 2021 and C.M.P.No.18165 of 2021

19.11.2021

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