SUNKAMMA (D) BY LRS. versus S. PUSHPARAJ (D) BY LRS.

SUNKAMMA (D) BY LRS. versus S. PUSHPARAJ (D) BY LRS.

The High Court's findings that respondent/plaintiff is in lawful possession of site no.47, based on agreement of sale, registered general power of attorney, and evidence of PW-2, are not perverse and warrant no interference. Suit for permanent injunction is determined by possession, not title.

Parties
Appellant: Sunkamma (D) by LRS.; Respondent: S. Pushparaj (D) by LRS.
Jurisdiction
India
Judgment Date
14 December 2017
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeal dismissed
Legal Topics
Lawful Possession, Permanent Injunction, General Power of Attorney, Sale Agreement
Property Law Lawful Possession Permanent Injunction General Power of Attorney Sale Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sunkamma (D) by LRS.

Appellant

S. Pushparaj (D) by LRS.

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether respondent/plaintiff is in lawful possession of site no.47 under an agreement of sale and power of attorney.
  2. 2 Whether permanent injunction can be granted based on possession despite dispute over title.

Ratio Decidendi

The High Court's findings that respondent/plaintiff is in lawful possession of site no.47, based on agreement of sale, registered general power of attorney, and evidence of PW-2, are not perverse and warrant no interference. Suit for permanent injunction is determined by possession, not title.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed. No costs.