Court : Chennai
Reported in : 66Ind.Cas.237
..... it seams to us that, apart from any other question in the case, the plaintiff who was in possession is entitled to get back possession from the first defendant on the strength of his possessory title unless the first defendant can show an equal or better right in the former case the plaintiff would be entitled to joint possession and in the latter case he would have no right to retain possession. ..... a person who is ousted by another who has no better right is, with reference to the person so ousting, entitled to recover by virtue of the possession be had held before the ouster even though that possession was without any title and that section of the specific relief act does not take away such right. ..... since they were founded over 200 years ago, it cannot be said that the plaintiff, who is a descendant of the senior branch, has no right to possession and management of that, the first defendant has trot a better title than the plaintiff. ..... the district munsif dismissed the plaintiff's salt holding that the plaintiff did not prove his title. .....
Tag this Judgment!Court : Chennai
Reported in : (1968)2MLJ90
..... i hold that the respondent, having taken up a definite and categorical stand, that the appellant did not have title to the property, cannot subsequently, when that case, was found against him, turn round and say that he would admit the title of the plaintiff but would plead for protection under the madras cultivating tenants' protection act.4. ..... land and somebody else is the owner of the land and he is a tenant of that somebody else, it is not open to him at any subsequent stage of the proceedings to turn round and say that he would admit the title of the plaintiff but would plead for the protection under the madras cultivating tenants' protection act. ..... 'on these pleadings of the parties, the learned district munsif framed the necessary issues and found the title in favour of ayyammal and thereafter in favour of the plaintiff and also came to the conclusion that the respondent herein is not entitled to the protection of the madras cultivating tenants' protection act, since he was only a ..... have pointed out already, throughout, the respondent in the written statement, repeatedly contended that the appellant had no title to the property and therefore the appellant was not entitled to seek eviction of the respondent. ..... in the written statement filed by the respondent, he contended that ayyammal had no title to the property at all and even if she had any title she had lost it by allowing kulliammal to execute the lease deed and allowing her and the respondent to remain in possession of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad408
..... thus on avoidance the transaction becomes void, and must be treated as non-existent between the creditor and the alienee the title still continuing in the judgment-debtor, and the property vests in the auction-purchaser. ..... the defendant pleaded that the deed of gift was avoided against the creditors and therefore could not be said to invalidate his title under the auction sale and it was held that the defence was good. ..... the plaintiffs cannot therefore now be allowed to set up their deed of gift as against the proceedings in execution by bhikaji under which the defendant cowasji acquired his title to 5/7ths of the property as purchaser at the auction sale.18. ..... thus by virtue of the avoidance, the -plaintiffs as auction-purchasers, obtained a, valid title by their purchase at the court sale. mr. ..... to recover his debt by bringing the property to court auction sale, notwithstanding the prior fraudulent purchase by another could be made of no effect and become a purely illusory right, if the court auction-purchaser is not to get a clear title overriding the fraudulent purchase. ..... , was the asset of the judgment-debtor available for satisfaction of the decree-holder's debts, the auction-purchaser gets a clear title and his suit is based upon that title. ..... the very object of allowing the creditor or decree-holder to take advantage of his avoidance of a fraudulent transaction is to give the auction-purchaser in the sale brought about by the creditor a clear title.7. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2006Mad163; 2006(2)CTC206; (2006)1MLJ363
..... according to the learned counsel for the respondent/plaintiff, the contents of the written statement filed by the appellants would show that the defendants have in fact denied the title of the plaintiff and therefore, the plea of adverse possession is not open to them to raise. ..... reported in : air2005mad431 , to prove the plea of adverse possession, the parties should admit the title of the owner and to the knowledge of the owner has been in possession for more than the statutory period. ..... the defendants claim under ex.b1 that they have purchased the property and it was based on the specific admission of the title of venkatrama gounder. ..... it is only based on title of venkatrama gounder. ..... i do not also agree with the contention of the learned counsel for the respondent/plaintiff as stated above that the defendants have denied the title of the plaintiff. ..... therefore, it cannot be said as if the defendants have denied the title of the plaintiff. ..... learned counsel for the respondent/plaintiff would invite this court to treat the said paragraph as if the defendants have denied the title of the plaintiff. ..... it is from the date of execution of the document by venkatrama gounder for the past eighteen years, the defendants have been an uninterrupted possession and enjoyment of the property and in any event, they have acquired title by adverse possession. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1923Mad402; 71Ind.Cas.533
..... ' again: 'we find no evidence to show that kuppi naidu or his son, who obtained the estate as the joint property of the family, at any time asserted a title to the palayam as their separate property in virtue of the litigation in which they were engaged,' at page 263 : 'so construed, the instrument is very far from being a disavowal of all right to the palayam property as a ..... 24 of 1831, the latter pleaded, among other pleas, a jus tertii, that even if the adoption on which he relied was not true, the title of kuppi's elder brothers to succeed to the 7th poligar (vengamma) was better than kuppi's, on the footing that both branches were members of an ..... the printed papers supports this view, that his father in his old age had relinquished to him the title and that this happened in 1820 some time before the father died. ..... he says that 'the old father (the 29th jaghirdar) yielded the title to him (the 30th man) before he himself died' and 'that the defendant there (who was of the senior branch) was the next heir according to the ordinary rule of succession if the plaintiff, ..... effect of the renunciation by the elder brothers of kuppi had to be considered, at page 260 their lordships say: 'when in 1831 he re-commenced proceedings, the palayani was in the hands of a person who established title as a member of a family, and, consequently, those proceedings failed. ..... , in paragraph 9, he states: 'it appears indeed that the old father yielded the title to him in 1820 before he himself died. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1956Mad72; (1956)1MLJ82
..... he also held that what the court had primarily and solely to consider was the terms of the grant or other document on which the title of the owner was founded, and when this was available, the subsequent conduct of the parties was wholly irrelevant for the determination of the question whether the village was an inam estate ..... was an investigation by a committee constituted by the east india company and on the basis of that recommendation the company recognised the title of khaja chamier to the possession of these villages on a decision reached that these two villages were not part of the company's ..... it is true that on the date of these proceedings under act xxvi of 1948 the title of the lessee was traceable only to the lease-deed executed by the madras government in september, 1914, but as that was specifically in renewal of the earlier lease, we consider that it would not be improper to refer to ..... 786, clearly establishes that what the learned judges were considering in that case was the nature of the original grant to khairunnissa and not the title created in khaja chamier by the mortgage by the nawab in february, 1782. ..... the inam commission confirmed this grant and a title-deed was issued which described the inam grant as 'the whole village ..... was forfeited and determined by the alienation and when the east india company leased the village to shamier sultan in 1796 it proceeded as if on a clean slate and on the footing that the earlier title had been effaced and extinguished. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1914Mad800(1); 24Ind.Cas.95
..... the nature of the possession for the purposes of acquiring a title by prescription and the character and extent of the title acquired by possession depend on the nature of the animus possidendi and whether that animus is based on a real or false or pretended title does not matter, except that the title acquired by prescription cannot be higher than what could be acquired if the pretence or falsehood was true. ..... here, even if the pretence of the defendants was true, they could not acquire any title by prescription against the tarwad, as the possession, supposing the pretence was true, cannot be adverse against the tarwad.4. ..... it was also based on the title of the tarwad.5. .....
Tag this Judgment!Court : Chennai
Reported in : [2001]247ITR430(Mad)
..... the petitioner also contends that the authority has failed to take note of the non-availability of the title deed with the vendors and the possibility of the minors filing a suit questioning the validity of the release deed in favour of the vendors and the effect of those circumstances on the value of the property.2. ..... no declaratory decree had been obtained by the petitioners at the time when the authority passed the order and it could not be said that the absence of title deed was not of any consequence on account of the declaratory decree which operated as a judgment in rem. ..... the authority has also noticed the fact of the filing of a suit for a declaration of title to the property by the petitioners and its pendency. ..... that the document of title under which the deceased narayanaswamy had acquired a title to the property was not available was doubted by the authority. ..... when it is found that the title deed is not available it is a factor of significance to the prospective purchasers as also to all other persons from whom that purchaser may seek to raise credit on the security of the property. ..... the authority held in the light of its conclusions that the value of the property cannot be said to be depressed by reason of the cloud on title or the absence of the title deeds. ..... , that were available with the vendors and reached the conclusion that they make out a marketable title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad819; 84Ind.Cas.231
..... the knowledge and consent of the defendant, that tie defendant, having with full knowledge of the above facts, accepted the said transaction and received benefits there under, is now ; estopped from denying the title of samarapuri mudaliar, that samarapuri mudaliar left a will dated the 19th of march 1920 bequeathing the property to the plaintiff, that the defendant both by reason of his consent and estoppel and also by reason ..... of the fact that he is not the nearest reversioner to the estate is not ntitled to question the plaintiff's title, t at the defendant is occupying a room in the house having agreed to pay a rent of one rupee per mensem, that when a notice to quit was sent to him, the defendant sent a reply denying tenancy and ..... the defendant filed a written statement stating that he is entitled to the suit property as the nearest reversioner, that gnanasundarammal acquired no title to the property by reason of the grant of letters of administration to her, that the deed of release, even if executed, is not valid and does not bind him as his ..... (4) whether the defendant is estopped from denying the title of the plaintiff for any of the reasons set out in ..... lifetime it was open to gnanasundarammal to let the property to the reversioners as tenants, but it cannot be said that the tenancy continues when the reversioners on her death acquired title to the property. .....
Tag this Judgment!Court : Chennai
Reported in : 2000(4)CTC665
..... from the days of vidyanatha pattar for nearly 100 years, the lands were in the enjoyment of the applicant and his predecessors in title, that gazette notification dated 2.6.1971 revealed that the title deed no,503 was a personal inam, and that the sale deed, by which applicant purchased the land from subramaniya pattar in 1949 was ..... it was claimed by the applicant that pursuant to the patta granted by the devasthanam in the year 1933 to the battars, the predecessor in title of the lands in question did have kudivaram right, that the applicant improved the lands by digging a well and by putting up a pump ..... in other words, when the ownership rights of thiru sorimuthu naidu through his predecessor in title having been accepted and acted upon by the devasthanam itself through the civil court proceedings which culminated in the form of a compromise decree in o.s.no.932 of 1920, it is too late in ..... though the compromise decree entered between the appellants predecessor in title and the devasthanam made in o.s.no.932 of 1920 under ex.p1 and the sale deed entered into between sorimuthu naidu and his predecessor in title under ex.p4 were referred to by both the forums, the same were eschewed from consideration, inasmuch as, in the view of the tribunal, the vendors of sorimuthu naidu namely subramaniya pattar ..... srivilliputhur through its executive officer and another : (1970)2mlj129 which was rendered in respect of the very same title deed no.503 affirmed the order of the settlement officer. .....
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