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K. MANMADHA RAO
Pascham Holdings Pvt. Ltd. – Appellant
Versus
Burra Kondala Rao, S/o Venkata Rao – Respondent
| Table of Content |
|---|
| 1. common judgment for similar appeals (Para 1 , 2) |
| 2. overview of trial court proceedings (Para 3 , 4 , 5 , 6) |
| 3. first appellate court dismisses appeals (Para 7 , 8 , 9) |
| 4. substantial questions of law admitted (Para 10 , 11) |
| 5. counsel arguments and case law references (Para 12 , 13 , 14) |
| 6. respondents dispute appellants' claims (Para 15 , 16) |
| 7. plaintiffs' title and defendants' claims (Para 17 , 18 , 19) |
| 8. court's obligation to assess all issues (Para 20 , 21) |
| 9. appeals allowed, matters remanded (Para 22 , 23 , 24 , 25) |
JUDGMENT :
As the issue involved in these three second appeals is one and the same, these matters are taken up together for disposal by this Common Judgment.
2. The facts in these appeals are similar and identical, therefore S.A.No.198 of 2011 is taken as lead case, and the facts therein are referred to for convenience.
3. The plaintiffs preferred suits in O.S No.49 of 1994, 39 of 1997, 40of 1997 and 43 of 1997 before the Senior Civil Judge, Pithapuram (For short “the trial Court”). In those suits, O.S.No.40 of 1994 was partly decreed and the plaintiffs therein were declared as owners of items 1 to 5 and 7 of the plaint schedule properties and they were
First appellate courts must thoroughly review evidence and provide reasoned judgments; failure to do so necessitates remanding cases for reevaluation.
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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....
Point of law - The general rule is that High Court will not interfere with concurrent findings of the Courts below. But it is not an absolute rule. Some of the well recognized exceptions are where (i....
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.
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