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VENUTHURUMALLI GOPALA KRISHNA RAO
Darga of Jamal Shah, Gavaravaram of Sanivarapupeta Panchayat – Appellant
Versus
C. Rangarao, S/o Venkataswamy, Businessman – Respondent
JUDGMENT
Venuthurumalli Gopala Krishna Rao, J. - This Appeal, under Section 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellant/plaintiff challenging the Decree and Judgment, dated 26.10.1999, in O.S. No.8 of 1985 passed by the learned Principal Senior Civil Judge, Eluru [for short 'the trial Court']. The Respondents herein are the defendants in the said Suit.
2. The Plaintiff filed the above said suit for possession of plaint schedule mentioned property, for mesne profits of Rs.50,640/- over the plaint schedule property and for future profits against the defendants.
3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.
4. The brief averments of the plaint, in O.S. No.8 of 1985, are as under:
The plaintiff Darga was founded by the Muslims of Sanivarapupet village that the plaint schedule property was endowed to the plaintiff-Darga about 2 centuries back for its upkeep and maintenance and to celebrate the annual Urusu that the Inam Commissioner also had confirmed the said Inam to the plaintiff-Darga on 01.05.1860 that the survey commissioner appointed under the provisions of the Waqf Act 1954 also held on 07.01
The main legal point established in the judgment is the application of the Waqf Act 1995, the limitation period for recovery of Waqf property, and the concept of adverse possession.
In a suit for declaration of title, the plaintiff must prove ownership; failure to do so, coupled with defendants' adverse possession, results in dismissal.
The property was determined to be Wakf, with sales executed without the Wakf Board's sanction declared void, affirming the Muthavalli's right to maintain the suit.
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....
The main legal point established in the judgment is that the possession follows title, and in cases of vacant property, the person able to establish title is considered to be in possession. The court....
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