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SUBBA REDDY SATTI
Paturu Sundaraiah – Appellant
Versus
Suri Ranganayakamma – Respondent
JUDGMENT :
The unsuccessful defendant filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “CPC”), aggrieved by the decree and judgment, dated 28.02.2020 passed in A.S.No.33 of 2017 on the file of learned Senior Civil Judge, Kovur, SPSR Nellore District confirming the decree and judgment, dated 11.09.2017 passed in O.S.No.316 of 2005 on the file of learned Principal Junior Civil Judge, Kovur.
2. For the sake of convenience and brevity, the parties shall be referred to as they are arrayed in the O.S.No.316 of 2005.
3. Plaintiffs, sisters, filed suit O.S.No.316 of 2005 against the defendant for declaration of title and for ejectment of the defendant from land of an extent of Ac.0-90 cents out of total extent of Ac.2-55 cents in survey No.708 with patta No.126 situated in Varini village, Vidavaluru Mandal, Nellore District (hereinafter referred to “schedule property”).
4. In the plaint, it was contended inter alia that the schedule property originally belonged to N. Venkata Reddy; that the grandfather of the plaintiffs purchased the schedule property and other extent under registered sale deed, dated 11.03.1959; that plaintiff’s grandfather die
Title and ownership claims in property disputes necessitate credible documentation; statutory presumptions apply to documents over 30 years old.
In a suit for declaration of title, the burden of proof lies on the plaintiff to establish a clear case for granting such relief, not on the weaknesses of the defendant's case.
In property disputes, plaintiffs must establish ownership through authoritative title documents, not solely through revenue records.
The judgment emphasizes the importance of documentary evidence in establishing property ownership and the burden of proof in property disputes.
The burden of proof lies on the party asserting the affirmative issue, and adverse possession requires the party to set up their own adverse title and remain in exclusive possession hostile to the tr....
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