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V. R. K. KRUPA SAGAR
K. Erasan (Died) – Appellant
Versus
K. Narayana Swamy – Respondent
JUDGMENT :
The plaintiffs before the learned trial Court filed this second appeal under Section 100 C.P.C. The respondents herein are the defendants. O.S.No.1240 of 2002 was a suit for granting permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiffs over the plaint schedule property. After due trial, the learned II Additional Junior Civil Judge, Chittor decreed the suit in favour of the plaintiffs and against the defendants. Aggrieved defendants filed A.S.No.81 of 2006 and the learned Principal District Judge, Chittoor allowed the appeal and set aside the trial Court’s judgment and as a consequence dismissed the suit.
2. It is against that, the plaintiffs have come up with this second appeal. Originally, it was a suit filed by sole plaintiff as against defendant Nos.1 and 2. During the pendency of the suit, the original plaintiff died and his legal representatives came on record and they pursued the litigation all throughout.
3. On 18.06.2012 this second appeal was admitted on the substantial question of law as mentioned below :
Patta and title deed pass books issued under the Act, 1971 carry a presumption of title and possession, and this presumption can only be rebutted through an appeal, revision, or by a court of law.
Possession on the date of filing a suit is essential for granting a permanent injunction; the First Appellate Court findings on possession were upheld as correct.
Possession established by parties through revenue documents prevails over contested ownership claims; mere sale deed insufficient to negate established rights.
A permanent injunction can be granted against a co-owner if the plaintiffs establish their possession and enjoyment of the property, despite the defendant's claims.
The main legal point established in the judgment is that the presentation of revenue documents alone is not sufficient to establish title over ancestral property, and the burden of proof lies with th....
The rightful possession grants the plaintiff a standing to seek an injunction against interference, emphasizing that the burden of proof lies on the defendant to establish claims of forgery or misrep....
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
(1) Only when title is clear, Court can decide question of de jure possession.(2) Question of title can be decided only by filing a comprehensive suit for declaration of title and not a suit for inju....
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