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V. R. K. KRUPA SAGAR
G. Mahalakshmi – Appellant
Versus
N Achiraju – Respondent
JUDGMENT :
DR. V.R.K. KRUPA SAGAR, J.
1. Plaintiff before the Courts below is the appellant, and this appeal is preferred under Section 100 of Code of Civil Procedure (C.P.C.) impugning the judgments of both the Courts below. Pending the appeal she died and her legal representative came on record vide order dated 27.07.2021 in C.M.P.No.13267 of 2001. Respondents herein were the defendants in O.S.No.51 of 1989 and also respondents before the first appellate Court in A.S.No.10 of 1997.
2. On 23.11.2001 a learned Judge of this Court admitted this second appeal on the following substantial questions of law:
2. Whether the Courts below were in error in ignoring that previous possession of the father of the appellant/plaintiff is prima facie evidence of title against a wrong doer and entitle the appellant/plaintiff to succeed on proof of peaceable possession derived under Ex.A.1, unless the respondents/
The court affirmed that a plaintiff must establish title through evidence, and prior possession alone does not suffice without proof of title.
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 property title can be established through continuous possession and municipal records, even without formal titles, emphasizing the rules of inheritance and evidence in property disputes.
The court affirmed that ownership of immovable property can be established through registered sale deeds and municipal records, and clarified the applicable limitation period for possession claims.
A plaintiff seeking a permanent injunction must prove both title and settled possession, failing which the claim may be dismissed.
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.
General Power of Attorney ceases upon the death of the principal, invalidating any subsequent sale deeds executed without the consent of all necessary parties.
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