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HIGH COURT OF ANDHRA PRADESH
Vallepalli Subba Rao – Appellant
Versus
Kondareddy Lakshmipathi (Died) – Respondent
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JUDGMENT :
VENUTHURUMALLI 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 17.10.2017 in A.S.No.4 of 2016, on the file of learned IX Additional District Judge, West Godavari at Kovvur, confirming the Judgment and decree, dated 17.11.2015 in O.S. No.54 of 2010, on the file of learned Junior Civil Judge, Jangareddigudem.
2. The appellants herein are the plaintiffs and the respondents herein are the defendants in O.S.No.54 of 2010, on the file of learned Junior Civil Judge, Jangareddigudem.
During the pendency of the first appeal, the 1st respondent died.
3. The plaintiffs initiated action in O.S.No.54 of 2010, on the file of learned Junior Civil Judge, Jangareddigudem, with a prayer for declaration of title, consequential possession of plaint "A" schedule property or alternatively for partition of "B" schedule property, possession, mesne profits and for costs of the suit.
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4. The trial Court dismissed the suit in O.S.No.54 of 2010, on the file of learned Junior Civil Judge, Jangareddigudem. Felt aggrieved of the same, the plaintiffs in the above said suit filed A.S.
Parties must prove their title claims in property disputes, and long-standing adverse possession can extinguish demand for title.
A claim of title and adverse possession cannot coexist; plaintiffs must establish their title to succeed in a suit for declaration.
The main legal point established in the judgment is the validation of sale deeds, entitlement to seek partition and separate possession, and the rejection of adverse possession claims.
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 possession of property by a co-owner does not amount to adverse possession against other co-owners unless clear ouster is proven.
The burden to prove title in a property dispute lies with the plaintiff, requiring evidence such as a registered sale deed, even when seeking alternative relief of possession.
In property disputes, the burden of proof lies on the plaintiff to establish ownership through valid documentation, and appellate courts uphold concurrent findings unless legally erroneous.
The court confirmed that adverse possession can secure title even against invalid transfer documents, provided uninterrupted possession exceeds 12 years and is public, emphasizing the significance of....
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