Patta standing in name of plaintiff's father will not confer upon him any title to whole of property and any document executed on basis of said patta will not convey any title in favour of plaintiff

Citation

AIROnline 2022 Mad 348

Madras High Court

(MADURAI BENCH)

R. VIJAYA KUMAR , J.

S.A(MD) - 736 of 2021 D/- 11 - 2 - 2022

Kannadhasan v. Arivalagan

Specific Relief Act (47 of 1963), S.38 - Suit for permanent injunction - Against co-owner - Patta

stands in name of grand-father of plaintiff - Since plaintiff's father came into possession of suit

schedule properties, patta standing in name of grand-father cancelled and name of plaintiff's

father included without notice to defendant who is brother of plaintiff's father - Based upon said

patta, father of plaintiff executed settlement deed in favour of plaintiff - Patta standing in name

of plaintiff's father will not confer upon him any title to whole of property and any document

executed on basis of said patta will not convey any title in favour of plaintiff - Defendant is co-

owner of suit schedule properties - Plaintiff seeking injunction against co-owner not to disturb

his possession based on settlement deed - Refusal to grant permanent injunction, proper.

 (Paras 9 , 10)