Madras High Court
G.Venkataraman vs N.Rajeswari on 24 March, 2022
O.S.A.No.377 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
O.S.A.No.377 of 2018
and C.M.P. Nos.16731, 16732 and 21207 of 2018
1. G.Venkataraman
2. K.Guruvan ..
Appellants
v.
1. N.Rajeswari
2. M.Narayanan ..
Respondents
Original Side Appeal filed under Clause 15 of Letters Patent and
Order 36 Rule 9 of Original Side Rules to set aside the decree and
judgment made in C.S.No.1048 of 2009, dated 15.03.2017.
For Appellant : Mr. S.Krishnasamy,
for Ms.K.Jenitha
For Respondents : Mr.B.Ullasavelan
https://www.mhc.tn.gov.in/judis
O.S.A.No.377 of 2018
JUDGMENT
(Order of the Court made by M.DURAISWAMY,J.)
Challenging the judgment and decree passed in C.S.No.1048 of
2009 on the file of this court, the plaintiffs have filed the above Original
Side Appeal.
2. The plaintiffs filed the suit in C.S.No.1048 of 2009 for
declaration that the superstructure on the “B” Schedule land belongs to
the 1st Plaintiff absolutely and for permanent injunction.
3. It is not in dispute that the 1st plaintiff and the 1st defendant are
husband and wife. The 2nd plaintiff is the father of the 1st plaintiff and
the 2nd defendant is the father of the 1st defendant. It is also not in
dispute that the land in “B” schedule belongs to the 1st defendant
absolutely. It is the case of the 1st plaintiff that he put up superstructure
out of his own money and therefore,he is the absolute owner of the “B”
schedule. The defendants contended that the superstructure was put up
by them.
https://www.mhc.tn.gov.in/judis
O.S.A.No.377 of 2018
4. Before the learned Single Judge, on the side of the plaintiffs, 3
witnesses were examined and 15 documents, Exs.P.1 to P.15 were
marked and on the side of the defendants, 2 witnesses were examined
and 12 documents, Exs.D.1 to D.12 were marked.
5. The learned Single Judge taking into consideration the oral and
documentary evidences let in by both sides, found that the plaintiffs
failed to establish their case by oral and documentary evidences and
ultimately dismissed the suit, imposing cost of Rs.50,000/- (Rupees fifty
thousand only).
6. Challenging the judgment and decree passed in C.S.No.1048
of 2009, the plaintiff's have filed the above appeal.
7. Heard Mr. S.Krishnasamy, learned counsel for the appellants
and Mr.B.Ullasavelan, learned counsel for the respondents.
8. On a careful consideration of the materials available on record
https://www.mhc.tn.gov.in/judis
O.S.A.No.377 of 2018
and the submissions made by the learned counsel on either side, it could
be seen that the 1st plaintiff is claiming right over the superstructure
standing on the “B” schedule property which belongs to the 1 st
defendant. When the plaintiffs have filed the suit for declaration in
respect of the superstructure, the burden of proof lies on them to establish
that the superstructure was constructed by them.
9. It is settled law that the plaintiff should succeed in the suit on
the strength of his case and not on the weakness of the defendant.
10. In the case on hand, the plaintiffs were not in a position to
produce a single document to establish that the superstructure was put up
by the 1st plaintiff. In the absence of any evidence let in by the plaintiffs
to establish that the superstructure was put up by the 1 st plaintiff, the
learned Single Judge has rightly dismissed the suit. We do not find any
ground to interfere with the judgment and decree passed by the learned
Single Judge. The Original Side Appeal is liable to be dismissed.
Accordingly, the Original Side Appeal is dismissed. No costs.
Consequently, the connected Miscellaneous Petitions are closed.
https://www.mhc.tn.gov.in/judis
O.S.A.No.377 of 2018
[M.D., J.] [T.V.T.S., J.]
24.03.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
M. DURAISWAMY, J.
and
T.V. THAMILSELVI, J.
https://www.mhc.tn.gov.in/judis
O.S.A.No.377 of 2018
Rj
O.S.A.No.377 of 2018
and C.M.P. Nos.16731, 16732 and 21207 of 2018
24.03.2022
https://www.mhc.tn.gov.in/judis
