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B. V. L. N. CHAKRAVARTHI
Ravilla Lokanatha Naidu – Appellant
Versus
Muneppagari Jamuna – Respondent
JUDGMENT :
B.V.L.N. Chakravarthi, J.
Heard Sri O.Udaya Kumar, learned counsel for the appellant/plaintiff and Sri P.Ganga Rami Reddy, learned counsel for the respondent/defendant.
2. This appeal filed U/s.96 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘C.P.C.’) by the unsuccessful plaintiff challenging the judgment and decree dated 03.09.2016 delivered in O.S.No.8/2007 on the file of IV Addl.District Judge, Chittoor District, at Tirupati.
3. For the sake of convenience, the parties are referred to as parties before the Trial Court.
4. The suit was filed to declare that the plaintiff is the absolute owner of the plaint ‘A’ and ‘B’ schedule properties, and for permanent injunction restraining the defendant, and her men from interfering with the possession and enjoyment of the plaintiff over the plaint schedule properties, and for costs of the suit.
5. (a) The case of the plaintiff is that the land in an extent of Ac.0-98 cents in S.No.86/2 of Tirupati belonged to Sr Chintam Setty Srinivasulu Setty; He had a son by name Sri Ankanna Setty and five daughters; They are 1) Sundaramma, 2) Venkataratnamma, 3) Kuppamma, 4) Kanthamma and 5) Savithramma; Sri Chintam Srinivasulu Sett
In property disputes, the burden of proof lies on the plaintiff to establish title and possession, not merely to exploit the defendant's weaknesses.
In property disputes, the onus lies on the claimant to prove title, with reliance on unproven wills and agreements leading to dismissal of claims.
A vendor cannot sell land they do not own; a suit for injunction is not maintainable without a declaratory relief establishing ownership.
A permanent injunction suit is not maintainable without a prior declaration of title when there is a dispute regarding ownership.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
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