Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: s. I 00 - Suit for declaration of title and mandatory injunction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: s. I 00 - Suit for declaration of title and mandatory injunction - Stating that he had purchased an area of 2 acres and 73 cents (suit property) which was part of Survey No.188 (measuring 7 acres 84 cents) recorded in the name of defendant No. I - Also sought correction in revenue records by entering his name therein - Plea of defendant No. I that plaintiff or his predecessors were never the owner of the suit property; that there was no survey number as I 88 and the available survey numbers were 188/1, 188/2 and 188/3; that survey Nos.188/1 and 188/3 (measuring 5 acres 10 cents) were in the name of defendant No.1 and Survey No.188/2 was in the name of a third party (not impleaded in the suit) - Plaint was amended mentioning the suit property as Survey No. 188/3 - Trial court dismissed the suit holding that description of suit property was not correct; that Survey No.188 was never in the name of predecessors in interest of the plaintiff; and that the suit was hit by non-joinder of necessary party - Appellate court affirmed the order of trial court - In second appeal, High Court reversed the orders of courts below directing to include name of the plaintiff in revenue records after excluding extent of property which stood in the name of first defendant - On appeal, held: Plaintiff failed to correctly describe the suit property - He failed to prove his title - High Court having held the defendant No.1 was entitled to Survey Nos. 188/1 and 188/3 has virtually decreed the suit for survey No. 188/2 which is admittedly recorded in the name of third party - High Court in exercise of jurisdiction u/s. 100 could not have reversed the order of courts below without holding that reasoning given by courts below was legally unsustainable. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 125 |
Petitioner | Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust Virudhunagar |
Respondent | Chandran & Ors. |
SCR | [2017] 5 S.C.R. 473 |
Judgement Date | 2017-02-10 |
Case Number | 2342 |
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