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V. SRINIVAS
N. Subrahmanyam Reddy – Appellant
Versus
V. Chellappa Reddy – Respondent
JUDGMENT :
V. Srinivas, J.
1. This second appeal under Section 100 Code of Civil Procedure is directed against the decree and judgment in A.S. No.48 of 2013 dated 15.03.2019 on the file of the Court of learned IV Additional District Judge, Tirupati.
2. The appellants herein instituted the suit in O.S. No.744 of 2005 before the Court of learned I Additional Junior Civil Judge at Tirupati for permanent injunction restraining the defendant and his men, agents, followers or anyone claiming under him from anyway interfering with the plaintiffs' peaceful possession and enjoyment of the plaint schedule property.
3. The respondent herein is the defendant before the trial Court.
4. Before adverting to the material and evidence on record and nature of findings in the judgment of the trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.
5. The case of the plaintiffs/appellants in brief in the plaint was as follows:
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
In a suit for permanent injunction, the burden of proof is on the plaintiff to establish possession and incidental title to the property. Clear title supported by documents is necessary to claim perm....
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
The possession as on the date of the filing of the suit is crucial while granting or refusing the injunction, and the question of title is only incidental.
The main legal point established in the judgment is that a plaintiff cannot claim injunction against the true owner without lawful possession and title.
A suit for permanent injunction, without seeking a declaration of title, is not maintainable when ownership is disputed; a comprehensive claim is required to address possession and title.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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