G.GANDHIMATHI Vs. K.ELAMBARAM

JUDGEMENT

(1.) This suit has been filed seeking a declaration of ownership of the Schedule A property and a direction to vacate and hand over possession of the Schedule B property, along with damages for usage.

(2.) The case of the plaintiff is that the plaintiff acquired the suit schedule property, measuring 2064 sq.ft. The plaintiff constructed a cattle shed covering 100 sq.ft. in the southeastern part of the property. The cattle shed was leased on a leave and license basis to the defendant. However, the defendant refused to vacate the premises, prompting the plaintiff to file a suit for recovery of possession, which was decreed in favor of the plaintiff. The plaintiff regained possession of the property on February 12, 2013, through execution proceedings. Later, on January 27, 2018, the defendant trespassed into the property and encroached on it. Therefore, the plaintiff has filed the present suit seeking declaration of title and recovery of possession.

(3.) The case of the defendant is that the plaintiff holds the right only to the cattle shed and has failed to establish a valid title to the entire suit schedule property. The defendant further contends that the property was undervalued, and an insufficient court fee was paid. Additionally, the defendant argues that a plaintiff without a valid title to the suit schedule property cannot claim damages for its usage. The defendant also points out that the suit schedule property lacks a proper description, which is mandatory for claiming ownership of immovable property. Consequently, the defendant prays for dismissal of the suit as being devoid of merit.