Friday, 9 June 2017

Whether plaintiff can prove his title on basis of sale deed if there is no pleading regarding sale deed in plaint?

From the above, it is clear that Sub Divisions
188/1,   188/2   &   188/3   were   in   existence   at   least
since before 1983. The deeds on which the reliance
has   been   placed   by   the   plaintiff   i.e.   Sale   Deed
dated 28.08.1992, by  which  Padmanabhan  is said  to
have  transferred  the  property in  favour  of  Sanjay
Ramasamy as well as General Power of Attorney dated
31.10.2007   and   Sale   Deed   dated   04.11.2007   in   the
name   of   plaintiff,   the   suit   property   is   not
described by sub division rather it is mentioned as
part of Plot No. 188. Although, plaintiff got his
plaint amended by amending part of Plot No. 188 as
Survey No. 188/3 but Sale Deed being not for Survey
No. 188/3, both the trial court and the Appellate
Court have rightly come to the conclusion that the
plaintiff   failed   to   correctly   describe   the   suit
property   and   it   cannot   be   accepted   that   deeds

claimed by him referred to the suit property.
23. Learned   counsel   for   the   respondent   has   laid
much emphasis on the Deed dated 29.7.1974 executed
by Sundara Rajan in favour of Padmanabhan which has
been   brought   on   the   record   of   paper   book   at   page
No.104. Learned counsel submits that said sale deed
clearly   proves the title of Padmanabhan over 2.79
acres   of   Survey   No.188.   The   said   deed   has   been
filed by the plaintiff­respondent as Exhibit A­14.
The   Deed   dated   29.7.1974   has   been   specifically
considered   by   the   trial   court   in   para   9   of   the
judgment.   The   trial   court   has   in   its   judgment
noticed   that   plaintiff   came   with   the   case   in   the
plaint   that   suit   property   was   inherited   by
Padmanabhan, however, he relied on Exhibits A­12 to
A­14 with regard to which there was no pleading in
the  plaint.  In  his  deposition,  PW.1  admitted  that
“it is correct to say that without disclosing this
deed in the plaint I filed Exhibits A­12 to A­15”.
When there  was no pleading in the plaint regarding
title   of   Padmanabhan   by   any   other   earlier   deed
except   the   claim   of   inheritance   the   trial   court
rightly  discarded the Deed  dated  29.7.1974.  It  is
further   relevant   to   note   that   plaintiff's
application made for amendment of the plaint in the
Appellate Court was considered and rejected by the
Appellate Court. The evidence, with regard of which
there is no pleading, has rightly been discarded by
the   trial   court.   Unless   there   is   a   pleading
especially with regard to the source of title, the
defendant   of   a   suit   has   no   opportunity   to   rebut
such pleading thus an evidence with regard to which
there   is   no   pleading   can   not   be   relied   by   the
plaintiff   for   setting   up   his   title   in   a   suit.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2342 OF 2017

EXECUTIVE OFFICER, ARULMIGU       
CHOKKANATHA SWAMY KOIL TRUST 
VIRUDHUNAGAR    
   V
CHANDRAN & ORS  
 

Citation:(2017)3 SCC702
Read full judgment here :Click here
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