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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
Khatib Abdul Gaffar (Died by his LRs) – Appellant
Versus
Veeraballi Nagi Reddy (Died by his L.Rs) – Respondent
| Table of Content |
|---|
| 1. case background and procedural history. (Para 1 , 2 , 5 , 10) |
| 2. plaintiffs' request for declaration and injunction. (Para 3 , 4 , 6 , 7 , 11) |
| 3. high court's limited scope in second appeals. (Para 12 , 14 , 15 , 22 , 23) |
| 4. plaintiffs established possession and title. (Para 17 , 18 , 21) |
| 5. final dismissal of second appeal. (Para 24) |
Judgment :
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
1. This second appeal is filed aggrieved against the judgment and decree dated 19-01-2011 in A.S.No.75 of 2008 on the file of the V Additional District Judge, Rayachoty, Kadapa District, in confirming the judgment and decree dated 20-9-2005 in O.S.No.1 of 1999 on the file of the Senior Civil Judge, Rayachoty.
2. The 1st appellant herein is the deceased sole defendant, appellants 2 to 4 are the legal representatives of deceased 1st appellant/defendant and the respondents are plaintiffs 1 to 4 in O.S.No.1 of 1999 on the file of the Senior Civil Judge, Rayachoty.
3. The plaintiffs initiated action in O.S.No.1 of 1999 on the file of the Senior Civil Judge, Rayachoty, with a prayer for the relief of declaration of right and title of the plaintiffs over the suit schedule property and for grant of pe
In a title declaration suit, the plaintiff bears the burden of proof to establish ownership, and appellate courts cannot re-evaluate evidence unless findings are legally flawed.
In disputes involving conflicting title claims, a suit for permanent injunction is not maintainable without a concurrent declaration of title, reaffirmed by the necessity of evidencing lawful possess....
The suit for injunction is not maintainable when the title of the plaintiff is under a cloud, requiring a declaration of title for proper adjudication.
(1) Tenant cannot claim adverse possession against his landlord/lessor.(2) Second Appeal – Under Section 100 of CPC High Court cannot interfere with findings of fact arrived at by First Appellate Cou....
In property disputes, the burden of proof lies on the plaintiff to establish title, and mere possession does not confer ownership.
In a suit for declaration of title, the plaintiff bears the burden to establish clear ownership, and evidence of ownership must supersede mere registrative acts.
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