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Murugaiyan, Rep. by his Power Agent, Sentrani, Thiruthuraipoondi v/s Vaithialingam & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    S.A. No. 1648 of 2008 & M.P. No. 1 of 2008

    Decided On, 04 March 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE T. RAVINDRAN

    For the Appellant: R. Rajaramani, Advocate. For the Respondents: R1 & R2, V. Raghupathi, Advocate, R3, No Appearance.



Judgment Text

(Prayer: Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 04.07.2008 made in A.S.No.17 of 2007 on the file of the Sub-court, Mannarkudi confirming the judgment and decree dated 30.07.2007 made in O.S.No.266 of 1999 on the file of the District Munsif Court, Thiruthuraipoondi.)1. Challenge in this second appeal is made to the judgment and decree dated 04.07.2008 passed in A.S.No.17 of 2007 o the file of the Subordinate Court, Mannarkudi confirming the judgment and decree dated 30.07.2007 passed in O.S.No.266 of 1999 on the file of the District Munsif Court, Thiruthuraipoondi.2. The unsuccessful plaintiff in both the Courts below is the appellant.3. Suit for declaration, possession, permanent injunction and future mense profits in respect of the plaint schedule properties.4. The suit having come to be laid by the plaintiff for the main relief of declaration and for the consequential reliefs, at the foremost, the plaintiff has to establish his claim of title to the suit properties.5. Considering the pleas and materials placed on record, it is found that the plaintiff claims title to the plaint schedule properties comprised in A and B schedule based on the patta said to have been issued in his favour marked as Ex.A4. Ex.A4 is found to be only a rough patta. The rough patta cannot be considered as the document of title. It has not been established by the plaintiff as to whether any regular patta had been issued in his favour following Ex.A4 rough patta. Therefore, when the plaintiff seeks to sustain his case based on the rough patta, which cannot be considered as a title document, on that score alone, as rightly concluded by the Courts below, the plaintiff is to be non-suited.6. In addition to that, as rightly reasoned by the Courts beow, the plaintiff has not even correctly given the description of the suit properties, particularly, the survey numbers within which they are lying and it is found that the issue between the parties is only pertaining to 9 cents in S.No.73/22 and 20 1/3 cents lying in S.No.73/14. The Village Administrative Officer examined as P.W.2, in his evidence would state that the plaintiff's house is lying in S.No.73/22, however the plaintiff would claim the relief of permanent injunction as regards the plaint A schedule property describing the same as lying in S.No.73/14 and new S.No.73/26. The abovesaid facts had been in detail considered by the Courts below and therefore when the plaintiff has not even come forward with the clear case, with reference to the description of the suit property as contemplated under Order VII Rule 3 CPC, therefore, the tax receipts and the current charge bills projected by the plaintiff in support of his case by themselves would not be safe to hold that the plaintiff is in possession and enjoyment of the plaint A schedule property as sought to be putforth by him.7. The Courts below had also gone into the question of title of the defendants and on the basis of the available materials, determined that the defendants have established their claim of title to the suit property based on the sale deed as detailed in the judgment and the abovesaid determination of the Courts below based on the factual matrix and when they are not shown to be in any manner, perverse, illogical and irrational, at this stage of the second appeal, I am not inclined to interfere with the same.8. At the foremost, the plaintiff having miserably failed to establish his claim of title to the suit properties other than marking the rough patta as Ex.A4, when the Courts below had for good reasons, rejected Ex.A4 patta and accordingly also assigned acceptable reasons for upholding the defendants' claim of title to the property in issue, all put together, the reasons and determination of the Courts below, for rejecting the plaintiff's case and upholding the defence version, in my considered opinion, do not warrant any interference.9. For the reasons aforestated, no substantial question of law is i

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nvolved in this second appeal.10. In conclusion, the judgment and decree dated 04.07.2008 passed in A.S.No.17 of 2007 on the file of the Subordinate Court, Mannarkudi, confirming the judgment and decree dated 30.07.2007 passed in O.S.No.266 of 1999 on the file of the District Munsif Court, Thiruthuraipoondi are confirmed. Resultantly, the second appeal is dismissed with costs. Consequently, connected miscellaneous petition, if any, is closed.
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