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U. DURGA PRASAD RAO
Inala Veerabhadra Rao – Appellant
Versus
Inala Talari Indira Lakshmi – Respondent
ORDER :
Assailing the order dated 21.11.2023 in CMA No.42/2022 passed by learned XII Additional District Judge, Visakhapatnam allowing the CMA filed by the plaintiffs and granting temporary injunction in favour of plaintiffs by setting aside the order dated 28.07.2022 in I.A.No.74/2021 in O.S.No.491/2021 passed by learned I Additional Junior Civil Judge, Visakhapatnam, the defendants filed the instant C.R.P.
2. The parties for convenience are referred to as they stood in O.S.No.491/2021.
3. The matrix of the case is thus:
The court established that a registered gift deed provides prima facie evidence of title and possession, which must be protected until the validity of competing claims is resolved.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The main legal point established is the application of the principles of granting interlocutory injunction, emphasizing the need to protect the plaintiff against irreparable injury and injustice.
A gift deed executed by a party without valid title is void; ownership must be established through a registered document as per the Transfer of Property Act.
The court emphasized the importance of a proper cause of action and held that the question of when the plaintiff gained knowledge about the cancellation of the Gift Deed and execution of the Sale Dee....
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
A legal right to a permanent injunction exists to protect lawful possession from interference, irrespective of ownership claims.
Ownership established through title documentation is pivotal in determining rightful possession; injunctions are warranted when prima facie evidence supports legal entitlement.
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