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A. VENKATESHWARA REDDY
Murtuza Ali – Appellant
Versus
Baquer Ali – Respondent
JUDGMENT :
These two appeal suits are arising out of a common judgment dated 02.01.2013 in O.S.No.237 of 2008 and O.S.No.538 of 2010 on the file of the XIII Additional Chief Judge (Fast Track Court), City Civil Court at Hyderabad. Accordingly, both the appeal suits are disposed of, through this common order.
2. The plaintiff in O.S.No.237 of 2008 has filed the suit for declaration of title, recovery of possession and consequential relief of perpetual injunction. Whereas, the plaintiff in O.S.No.538 of 2010 has filed the suit for cancellation of release deed document No.1640 of 2007, dated 05.11.2007 and for perpetual injunction.
3. Since the parties and the property involved in both the suits are identical, the trial Court has disposed of both the suits together by recording evidence in the lead suit in O.S.No.237 of 2008. The learned judge of the trial Court has decreed the suit in O.S.No.237 of 2008 and dismissed the suit in O.S.No.538 of 2010. Assailing the common judgment and decree, dated 21.01.2013 in OS Nos.237 and 538 of 2010, the defendant in O.S.No.237 of 2008 and the plaintiff in O.S.No.538 of 2010 has filed the present appeal suits in C.C.C.A.Nos.28 and 31 of 2013 respecti
In property disputes, a party asserting title must substantiate claims with documented evidence, and where prior adverse rulings exist, the new claim is untenable.
Unregistered relinquishment deeds cannot establish ownership, and adverse possession claims require clear proof of exclusive possession and continuity which the plaintiff failed to provide.
The court emphasized the necessity of proving a Will through independent witnesses and upheld the validity of a release deed executed by the plaintiff, leading to the dismissal of her claims.
Presumption under Section 90 of Evidence Act is applicable to Wills – Registration, by itself, in all cases, is not a proof of execution.
The court established that registered sale deeds are essential for conveying title to immovable property, and mere revenue records do not confer ownership.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
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