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M. G. PRIYADARSINI
Meka Venkata Laxmi – Appellant
Versus
Koruprolu Sree Rama Rao – Respondent
JUDGMENT :
M.G. Priyadarsini, J.
Aggrieved by the order and decree dated 30.10.2023 in E.A.No.36 of 2010 in E.P.No.12 of 2010 (hereinafter will be referred as ‘impugned order) passed by the learned I Additional District Judge at Khammam (hereinafter will be referred as ‘Executing Court’), the claim petitioners have preferred the present appeal to set aside the impugned order.
2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the Executing Court.
3. The brief facts of the case, which necessitated the appellants to file the present appeal, are as follows :
(i) The claim petitioners are none other than wife and children of respondent No.2/defendant, against whom the respondent No.1/plaintiff file
Ownership of immovable property must be established through valid title documents; revenue records alone do not confer ownership rights.
The court established that registered sale deeds are essential for conveying title to immovable property, and mere revenue records do not confer ownership.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
The party asserting ownership must provide clear evidence of title and possession. Failure to do so resulted in the restoration of the trial court's dismissal of the plaintiffs' claims.
The amendment of pleadings is permitted to clarify claims and ensure proper adjudication of disputes, especially when no trial has commenced, and does not change the suit's nature.
The judgment establishes that the burden of proof for ownership lies with the claimant, and permissive possession does not confer ownership rights without supporting evidence.
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