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NAGESH BHEEMAPAKA
D. Ramaiah died – Appellant
Versus
Gutta Radhamma – Respondent
JUDGMENT :
Nagesh Bheemapaka, J.
Feeling aggrieved and dissatisfied with the judgment and decree passed by the learned Senior Civil Judge, Khammam in O.S.No.28 of 1989, dated 31.03.2000, defendants in the suit preferred the present Appeal.
2. Appellants are defendants in the suit and respondent is plaintiff, who filed the suit on the basis of agreement dated 14.02.1979, for rectification of the agreement by inserting Survey No. 258 instead of Survey No.291 and for perpetual injunction to restrain the defendants from interfering in suit property.
3. For the sake of convenience, array of parties is made as was done in the trial Court.
4. It is the case of plaintiff that she is the youngest daughter of the 1st defendant and sister of defendants 2 and 3 and her marriage was performed in 1978 as per Hindu Customs. Defendants gave Acs. 7.12 gts. situated at Lalapuram Village, Konijarla Mandal, Khammam District towards Pasupu Kumkuma (Gift) at the time of her marriage and executed an agreement dated 14.02.1979 and delivered possession thereof and since then, she has been in peaceful possession and enjoyment over the subject land and the revenue authorities mutated her name in revenue records i
The court upheld the validity of an agreement for rectification of survey number and confirmed the plaintiff's possession, rejecting defendants' inconsistent claims.
The validity of the amendment to the plaint schedule boundaries and the rectification deed was upheld, establishing the plaintiff's title to the disputed property despite the misdescription in the do....
The court affirmed that discrepancies in survey numbers must be rectified for valid title claims, and boundaries do not prevail over survey numbers in property identification.
The court affirmed that the deceased's legal heirs retain ownership rights to family property, provided there is adequate evidence of succession and possession.
A suit for injunction is maintainable without a declaration of title when the title is not disputed, and survey boundaries are conclusive proof unless modified by a court.
Injunction—Plaintiff has to succeed his case with his own strength but not on weaknesses of opponent—Possession of plaintiff is to be established.
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