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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N. CHAKRAVARTHI
S.M. Sakina Begum – Appellant
Versus
K.S.Masood Sab – Respondent
JUDGMENT:
1. This Second Appeal is preferred by the appellant/plaintiff under Section 100 of the Code of Civil Procedure 1908, assailing the decree and judgment, dated 07.08.2002, passed in A.S.No.79 of 2001 on the file of the Addl.Senior Civil Judge, at Ananthapuram (old A.S.No.9/1997 on the file of District Judge, Ananthapuram).
2. Heard Sri N. Chandrasekhara Reddy, learned counsel for the Appellants. Heard Sri Pratap Narayana Sanghi, learned Senior Counsel assisted by Gorla Manasa, learned counsel for the Respondents. Perused the material on record.
3. The appellants are legal representatives of the plaintiffs in the suit. The respondents No.1 to 4 are the defendants in the suit. The parties in the Second Appeal shall hereinafter be referred to as arraigned in the Original Suit, for convenience and clarity.
4. The suit in O.S.202/1991 on the file of Junior Civil Judge, Ananthapuram, was instituted seeking the relief of declaration of title over the plaint schedule property and also for permanent injunction to restrain the defendants from interfering with the possession and enjoyment of the plaintiffs. The plaint schedule consists of Ac.4-86 cents of land in K.No.227 in S.No.172 of K
The claimant must establish continuous, open, and peaceful possession to prove adverse possession, which the court found unmet in this case.
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....
The judgment emphasizes the legal principles of adverse possession, including the requirements of open, clear, continuous, and hostile possession, burden of proof, and the need for a substantial ques....
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
Adverse possession requires clear and unequivocal evidence of continuous, open, and hostile possession against the true owner's title, validly pleaded and established.
The main legal point established in the judgment is that a claim of adverse possession and ownership based on an oral gift must be substantiated with clear evidence, and the burden of proof lies with....
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