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IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI
SRI JUSTICE T MALLIKARJUNA RAO, J
Myneni Syamala – Appellant
Versus
K Kaladhar – Respondent
JUDGMENT :
T. MALLIKARJUNA RAO, J.
1. The Appellant/Plaintiff filed this Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 05.11.1999 passed in A.S.No.131 of 1996 on the file of IV Additional District Judge, Guntur (for short, 'the 1st Appellate Court') reversing the Judgment and decree, dated 28.08.1996 passed in O.S. No.1119 of 1995 on the file of II Additional District Munsif, Guntur (for short ‘the Trial Court’).
2. The Appellant/Respondent is the Plaintiff, who filed the suit in O.S.No.1119 of 1995 seeking permanent injunction restraining the Defendants and their men from encroaching into her site beyond joint wall BC on the west or in any way interfering with her peaceful possession and enjoyment of her site ABCD as per plaint plan.
3. It is expedient to refer to the parties as they are initially arrayed in the suit in O.S.No.1119 of 1995 to mitigate confusion and better comprehend the case.
4. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows:
The property BGHD, a 1000 sq. yard site with two terraced buildings, o
The High Court's jurisdiction under Section 100 of the C.P.C. is confined to substantial questions of law, prohibiting re-evaluation of evidence or findings of fact.
In property disputes, discrepancies between title deeds and TSLR reports favor the registered dimensions in determining ownership and encroachment, with physical possession reports being pivotal.
A party can seek a permanent injunction without needing to declare title if there is no cloud over title and possession can be proved, even when facing encroachment claims.
The duty of the First Appellate Court to record findings on all issues of law and facts, the admissibility of documentary evidence, and the application of res judicata.
The main legal point established is the importance of considering all evidence, addressing objections, and following procedural requirements in property disputes, along with the applicability of the ....
A proper re-evaluation of evidence by appellate courts is essential, particularly regarding encroachment claims and the burden of proof for adverse possession, as emphasized under Section 100 CPC.
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