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LAXMI NARAYANA ALISHETTY
Vannam Rama Raju – Appellant
Versus
Poosa Chakrapani – Respondent
JUDGMENT :
(Laxmi Narayana Alishetty, J.)
1. The present Second Appeal is filed questioning the judgment and decree, dated 20.01.2023, passed by Principal District Judge, Warangal in AS.No.108 of 2016, whereunder and whereby the judgment and decree dated 27.01.2016 passed by the V Additional Junior Civil Judge, Warangal in O.S. No.465 of 2009 was confirmed.
2. The appellant is the plaintiff and the respondents are the defendants in the suit. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.
3. Succinctly, the facts of the case, which led to filing of the present Second Appeal, are that the suit was filed for permanent injunction in respect of the suit schedule property. The plaintiff averred that he purchased the suit schedule property under a registered document, dated 20.02.2009 from one Syed Hilaluddin Quadri and since then, he has been in peaceful possession and enjoyment of the same.
3.1. It was averred that the vendor of plaintiff by name Syed Hilaluddin Quadri is son of one Ms. Rafia Sulthana, who inherited the property from late Raheemunissa Begum, D/o Peer Pasha Quadri, therefore, the vendor of the plaintiff acquired the suit property as
The plaintiff must prove lawful possession to obtain a permanent injunction; mere possession without title is insufficient.
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
The court upheld that possession is key in injunction cases, reaffirming the presumption in favor of older title documents when evidence of possession is compelling.
The main legal point established in the judgment is that a plaintiff cannot claim injunction against the true owner without lawful possession and title.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
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