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G. RADHA RANI
Goda Krishna – Appellant
Versus
Pidiseti Vasantha Kumar – Respondent
JUDGMENT :
G. Radha Rani, J.
This appeal is filed by the appellant – defendant No.6 aggrieved by the judgment and decree dated 06.11.2023 passed in O.S.No.783 of 2019 by the Principal District Judge, Rangareddy District at L.B.Nagar, Hyderabad.
2. The respondent No.1 is the plaintiff.
3. The plaintiff filed the suit for declaration of title over the suit schedule property and for cancellation of registered sale deed document No.10178 of 2018 dated 24.10.2018 executed between defendants 1 and 2 and to cancel the registered sale deed document No.3612 of 2019 dated 04.04.2019 executed between defendants 2 and 6 by declaring the same as null and void and not binding on him and for recovery of possession of the suit schedule property by awarding costs of the suit.
4. The plaintiff stated that he purchased a plot bearing No.165 admeasuring 267 square yards equivalent to 223.3 square meters situated in Survey Nos.48 and 49, Bandlaguda Village, Rajendranagar Taluk, Rangareddy District by virtue of a registered sale deed document No.614 of 1982 registered in the office of the Joint Sub-Registrar-I, RO, Rangareddy District on 21.01.1982. The plaintiff purchased the same after verifying the layout
A minor can be a transferee of property, and a sale deed executed in their favor is valid despite their incapacity to contract.
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
Presumption that possession goes with title applies to a case like this where neither party has been able to prove or establish possession, but one of the parties is able to show its title.
General Power of Attorney ceases upon the death of the principal, invalidating any subsequent sale deeds executed without the consent of all necessary parties.
The court found the trial court erred in rejecting the plaint, emphasizing the need for a full examination of the ownership claims rather than dismissing based on presumptive documents.
A suit for declaration of ownership is barred by limitation when filed more than three years after the cause of action arises, particularly if adverse legal actions are not promptly contested.
(1) Power-of-attorney holder cannot depose for Principal in respect of a matter regarding which only Principal can have personal knowledge and incurs liability to be cross-examined.(2) Pleadings cann....
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