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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. GOPALA KRISHNA RAO
G. Manohara Reddy – Appellant
Versus
K. Chandrasekhar Reddy – Respondent
| Table of Content |
|---|
| 1. initiation of suit for injunction. (Para 1 , 2 , 3 , 4) |
| 2. details of property ownership and claims. (Para 6 , 15 , 20) |
| 3. arguments regarding the validity of the gift deed. (Para 7 , 18 , 19 , 21) |
| 4. issues framed for trial. (Para 8 , 10) |
| 5. substantial questions of law in appeal. (Para 12 , 14 , 27) |
| 6. judgment on appeals and second appeal dismissal. (Para 30 , 31 , 34) |
JUDGMENT :
V. GOPALA KRISHNA RAO, J.
1. This second appeal under Section 100 of the Code of Civil Procedure (“C.P.C.” for short) is filed aggrieved against the Judgment and decree, dated 09.08.2011 in A.S.No.2 of 2010, on the file of the Senior Civil Judge, Gooty (“First Appellate Court” for short) reversing the Judgment and decree, dated 28.10.2009 in O.S.No.225 of 2003, on the file of the Junior Civil, Gooty (“Trial Court” for short).
2. The appellants herein are defendants and the respondents herein are plaintiffs in O.S.No.225 of 2003. During the pendency of the second appeal, 1st respondent died, respondent Nos.3 to 5 are added as legal representatives of deceased 1st respondent.
3. The plaintiffs initiated action in O.S.No.225 of 2003, with a prayer for grant of permanent injunction restraining th
A legal right to a permanent injunction exists to protect lawful possession from interference, irrespective of ownership claims.
A gift deed executed by a party without valid title is void; ownership must be established through a registered document as per the Transfer of Property Act.
The validity of a registered gift deed does not require consideration, as long as possession is delivered, confirming property rights to the donee.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
The jurisdiction of the High Court in second appeals is limited to substantial questions of law, and it will not interfere with concurrent findings of fact unless such questions arise.
Registered attested documents like settlement deeds require proof of execution under S.68/69 Evidence Act; registration presumes no validity when challenged.
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.
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.
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