Natarajan Vs Palanivel (Died) (Madras High Court)
The case concerns two related suits involving competing claims over a property and requests for permanent injunction. The plaintiff filed O.S. No. 371 of 1997 before the District Munsif Court, Rasipuram, seeking permanent injunction against the defendants, claiming ownership and possession of the suit property based on a registered Will executed by his paternal uncle Ganapathy on 11.07.1986. According to the plaintiff, Ganapathy acquired the property through a partition deed dated 04.05.1970 and, after Ganapathy’s death in a road accident on 19.09.1991, the plaintiff succeeded to the property under the Will.
Read SC Judgment in this case: SC Remands Property Injunction Case as Madras HC Ignored Evidence on Possession
The defendants contested the claim, asserting that the property had already been sold in a court auction. They contended that Ganapathy and his brother had borrowed money and defaulted on repayment, resulting in a decree against them in O.S. No. 546 of 1982. During execution proceedings, the property was auctioned on 11.06.1987 and purchased by Ramasamy, who later obtained a sale certificate on 03.05.1991. The defendants stated that Ganapathy handed over possession of the property to Ramasamy during a panchayat and that Ramasamy subsequently sold the property to Elaiyappan on 15.10.1991.
