It has not been established predecessor in title of plaintiffs had title to property - parties could be gathered from parent title deeds when plaintiffs' predecessor in interest had no right or title to convey the property situated to the East of Odai and had only right and title to convey the property situated to the east of the first defendant's land Contention of the plaintiffs that they had acquired right or title to the property situated to the East of Odai as such cannot be countenanced

Citation

2018-1-L.W. 62

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 22.11.2017 Pronounced on : 23.11.2017

S. A.No.1110 of 2001

T.Ravindran, J.

Manickammal others (Deceased) and Appellants

Vs.

R.Jayaraman others (died) and

...Respondents

Second Appeal is filed under Section 100 of Civil Procedure Code, against the judgment and decree dated 18.12.2000 passed in A.S.No.116 of 1997 on the file of the Additional Sub-Court, Thiruvannamalai, Thiruvannamalai District, reversing the judgment and decree dated 09.09.1997 passed in O.S.No.588 of 1987 on the file of the Additional District Munsif Court No.2, Thiruvannamalai.

C.P.C., Order 7 rule 3, correct description of property mentioning of, need for, claiming of relief, scope

Survey and Boundaries/Correct descrip- tion, scope

plaintiffs have not clearly described the property so as to identify it with correct boundaries and with correct survey numbers as had been demarcated in the record of settlement or the revenue survey by revenue authorities               ...Para 11

plaintiffs have neither given sub- division number - vague description of suit property.                Para 11

It has not been established predecessor in title of plaintiffs had title to property parties would not have intended to convey the property Intention of the parties could be gathered from parent title deeds when plaintiffs' predecessor in interest had no right or title to convey the property situated to the East of Odai and had only right and title to convey the property situated to the east of the first defendant's land Contention of the plaintiffs that they had acquired right or title to the property situated to the East of Odai as such cannot be countenanced 1996-1-L.W.443 referred to Para 16 -