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Palaniyandi Chettiar vs C.Natarajan on 9 January, 2009

In the decision, Varadarasu alias Devarasu vs. Malone Veerasamy alias Thanapal, reported in 2003 (1) MLJ 294, this Court held that the documents produced on the side of the plaintiffs in the said case, being self-serving documents, the lower appellate court therein was in error in placing reliance on them, as supporting the case of the plaintiffs and decided that the finding of the lower appellate court was clearly vitiated by application of wrong tests and on the basis of conjectures and assumptions.
Madras High Court Cites 7 - Cited by 0 - S Tamilvanan - Full Document

Maragathammal vs Vengammal on 22 January, 2021

11. The plaintiffs' counsel would only contend that based on the revenue documents projected by the plaintiffs, the court should have upheld the plaintiffs' claim of title, possession and enjoyment of the suit property. However, when the plaintiffs have miserably failed to establish that the patta had been properly and lawfully issued to them by the revenue authorities after inviting objections from the real owners of the suit property and when the plaintiffs' claim of title to the suit property based on the oral sale is found to be legally unsustainable and when the plaintiffs have failed to establish the genuineness of Ex.A15, as per law, the mere obtainment of the patta by the plaintiffs by itself, would not confer them a valid title qua the suit property. As putforth by the defendants' counsel as well as outlined in the decisions relied upon by the defendants' counsel reported in 1999 (3) CTC 650 [Guruvammal and another Vs. Subbiah Naicker and others], 1999 (3) CTC 304 [ Kammavar Sangam through its Secretary 10/14 https://www.mhc.tn.gov.in/judis/ S.A.No.702 of 2008 R.Krishnasamy Vs. Mani Janagarajan], 2003-2-LW-152 [ Varadarasu alias Devarasu Vs. Malone Veerasamy alias Thanapal and others ] and 1996 (6) SCC 223 [ Sawarni Vs. Inder Kaur and others] , the revenue documents would not create or extinguish the title and the question of granting reliefs to the plaintiffs, particularly, the plaintiffs having failed to establish a valid title to the suit property based on the oral sale and their claim of possessory title, which fact has also been not established by the plaintiffs in an acceptable manner, the plaintiffs cannot be granted the relief of permanent injunction as sought to be projected by the plaintiffs counsel against the true owners of the suit property namely the defendants.
Madras High Court Cites 3 - Cited by 0 - T Ravindran - Full Document
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