SUBRAMANIAM Vs. KOSALAI AMMAL

JUDGEMENT

(1.) IN a suit for injunction, based on possession, where the title itself is disputed, whether it is mandatory to include the relief of declaration of title, at all circumstances or declaration should be sought for only under certain specified circumstances ?

(2.) WHETHER the executant of the document himself can challenge the validity of the document and if so, on what grounds ?

(3.) FACTS : - The suit properties are located at Periyakrishnapuram Village, Ariyalur Registration District. The plaintiffs claim title to the suit properties by virtue of settlement deeds dated 18.06.1979 and 19.06.1979 (to an extent of 71 cents and 63 cents respectively). The defendant is the brother of the first plaintiff. The defendant executed those settlement deeds dated 18.06.1979 and 19.06.1979 in favour of the first plaintiff, Kosalai Ammal. These settlement deeds were accepted and acted upon. Patta was also transferred in the name of the first plaintiff and the first plaintiff has been paying kists to the suit property. In the U.D.R. scheme, patta has been issued in the name of the second plaintiff. The second plaintiff has also been paying kists. Thus, the suit properties were in possession and enjoyment of the plaintiffs.