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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V R K Krupa Sagar, J
Gummadi Veeraiah – Appellant
Versus
Talapati Chennaiah – Respondent
JUDGMENT :
1. The second appeal No.209 of 2000 under section 100 of the CPC is filed by the appellants/ plaintiffs impugning the common judgment dated 29.07.1999 in A.S.No.62 of 1990 of the learned I Additional District Judge, Guntur.
2. The second appeal No.561 of 2000 under section 100 of the CPC is filed by the appellants/ plaintiffs impugning the common judgment dated 29.07.1999 in A.S.No.72 of 1990 of the learned I Additional District Judge, Guntur.
3. The following facts are required to be noticed:
A wife and husband together purchased 180 square yards of site in AT Agraharam in Survey No.91/B on 23.02.1983 for Rs.5,000/- from one Mr. Sastri under Ex.A12 registered sale dead. They filled O.S.No.475 of 1985 against Sri Talapati Chennaiah. In the plaint, it was alleged that the plaintiffs after purchasing the vacant site raised two thatched houses. In May, 1983, they leased out the property to the defendant on a monthly rent of Rs.30/-. The tenant paid rent for one month. He committed default thereafter i.e., from 01.06.1983 onwards. Therefore, they got issued Ex.A13 quit notice calling upon him to vacate the property by the end of June, 1983. Defendant failed to vacate it.Therefor
Establishing a landlord-tenant relationship is essential for eviction; mere ownership does not suffice without proof of tenancy.
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
Adverse possession claims require acknowledgment of the original owner's title; mere long-term possession without proof of acknowledgment negates the claim.
A claim of adverse possession requires proper pleading of duration and nature of possession; mere long possession does not confer title.
The burden of proof lies on the party asserting ownership or adverse possession, and mere entries in khatian records do not suffice to establish title without supporting evidence.
Possession – Revenue records - If someone claims title by virtue of their long possession, such possession should be evidenced through valid pattas and other continuous revenue records standing in th....
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
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