S. Santhana Lakshmi & Ors. v. D. Rajammal 2025 INSC 1197
Civil Suit - While disposing appeal, SC observed: While asserting a Will and title on its strength, there should have been a declaration of title sought, especially when the contention of the defendant was that he came into the property as a co-owner and then occupies it with absolute rights, making valuable improvements. (Para 10) ‘Will’ is proved but the right of the testator to bequeath the property is still under a cloud. Even if the title is established, there should have been a recovery of possession sought by the plaintiff. The ill-drafted plaint and the clear admissions made in the witness box ought to have restricted the trial court and the High Court from granting an injunction against the interference of peaceful enjoyment of the property, especially when the possession was admitted to be with the defendant, in the pleadings as also the oral evidence. (Para 11)
Case Info
Key details
- Case name: S. Santhana Lakshmi & Ors. v. D. Rajammal.
- Neutral citation: 2025 INSC 1197.
- Coram: K. Vinod Chandran, J.; Ahsanuddin Amanullah, J.
- Judgment date: October 07, 2025.
