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V. R. K. KRUPA SAGAR
Chenna Bhoolaka – Appellant
Versus
Inti Ramulamma – Respondent
JUDGMENT :
V.R.K. Krupa Sagar, J.
1. This is plaintiff's appeal under Section 100 C.P.C. Respondents are the defendants in the suit. During the pendency of the appeal, the sole appellant/plaintiff died. Her legal representatives were brought on record as appellant Nos. 2 to 6 by an order dated 25.04.2023 in I.A. No.3 of 2023. Respondent No. 1/defendant No. 1 died and respondent Nos. 2 to 5, who are already on record, were shown as her legal representatives. Respondent Nos. 2, 5 and 6/defendant Nos. 2, 5 and 6 also died. Their legal representatives were brought on record as respondent Nos. 7 to 10, 11 to 13 and 14 and 15 respectively by an order dated 09.07.2013 in S.A.M.P. No.1908 of 2008.
2. On 20.10.2000 a learned Judge of this Court admitted this second appeal on the following substantial questions of law:
2. Whether under law, Exs.B.1 and B.2 are inadmissible evidence for the non-examination of the alleged photographer?
3. Whether Exs.B.3 to
Possession follows title; defendants failed to prove adverse possession, affirming plaintiff's title and granting injunction.
The court affirmed that a plaintiff must establish title through evidence, and prior possession alone does not suffice without proof of title.
A plaintiff seeking a permanent injunction must prove both title and settled possession, failing which the claim may be dismissed.
A suit for injunction can be maintained without a declaration of title if the plaintiff can establish possession, and the appellate court erred in reversing the trial court's finding of possession.
A claim of adverse possession requires proper pleading of duration and nature of possession; mere long possession does not confer title.
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