IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T. MALLIKARJUNA RAO
S.J. Kalappa Modaliar – Appellant
Versus
Dist Collector Chittoor – Respondent
JUDGMENT :
(T. MALLIKARJUNA RAO, J.)
1. This Second Appeal was filed by the Appellants/Respondents 1, 7 to 9/Plaintiff under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 07.12.1999 passed in A.S.No.78 of 1990 on the file of Senior Civil Judge, Puttur (for short, 'the First Appellate Court') reversing the Judgment and decree, dated 01.06.1988 passed in O.S.No.38 of 1987 on the file of District Munsif Magistrate, Nagari (for short ‘the Trial Court’).
2. The 1st Appellant is the Plaintiff, who filed the suit in O.S.No.38 of 1987 for permanent injunction restraining the Defendants, their men and servants or nominees from causing any disturbance to the Plaintiff's peaceful possession and enjoyment of the plaint schedule properties. 1st Respondent / Appellant is the 6th Defendant in the said suit. Respondents 2 to 6 are Defendants 1 to 5, who remained ex parte in the suit proceedings.
3. It is prudent to refer to the parties as they are initially presented in the suit O.S.No.38 of 1987 to minimize any potential confusion and to enhance the understanding of the case.
4. The factual matrix essential for adjudicating the contentiou
The Plaintiff must prove possession of the property as of the filing date, and the cancellation of the DKT patta was valid due to non-compliance with residency and cultivation requirements.
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....
The plaintiffs failed to establish lawful possession of the Suit Properties, and the Suit was not maintainable under Order I Rule 8 due to non-joinder of necessary parties and lack of evidence.
A suit for permanent injunction is not maintainable without seeking a declaration of title when the plaintiff's title to the property is in dispute or under a cloud. The grant of patta and reliance o....
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.
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.
Possession on the date of filing a suit is essential for granting a permanent injunction; the First Appellate Court findings on possession were upheld as correct.
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.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
A plaintiff not in possession must seek recovery of possession to maintain a suit for injunction; failure renders the suit non-maintainable.
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