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P. SREE SUDHA
Yedamakanti Laxma Reddy – Appellant
Versus
Nizam Sugars Limited NSL – Respondent
ORDER :
This Civil Revision Petition is filed against the Order of the first appellate Court in C.M.A.No.3 of 2022 dated 01.11.2022. The first appellate Court reversed the Order of the trial Court in I.A.No.108 of 2020 in O.S.No.5 of 2020 dated 25.03.2022. Aggrieved by the said Order, the present Civil Revision Petition is preferred.
2. The revision petitioner/plaintiff mainly contended that the first appellate Court failed to construe the letter dated 19.11.1998 filed under Ex.P1 and attested copy of format-A dated 24.04.2001 filed under Ex.P8 in proper perspective and it was not considered that the petitioner is in continuous physical possession of the suit property right from their allotment. The revision petitioner further contended that as per the Orders in W.P.No.10151 of 2001, respondents/defendants have not refunded any amount and not filed any document to substantiate the same. He contended that the trial Court failed to consider the prima-facie title and possession and dismissed the injunction application which was made absolute by the trial Court. It is a settled principle that ‘possession follows title’, but it was not considered. Respondents/defendants already executed
A vendor cannot sell land they do not own; a suit for injunction is not maintainable without a declaratory relief establishing ownership.
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....
(1) Injunction is a consequential relief – In a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a furth....
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
The plaintiff's claim for possession, sought 29 years after the date of the registered sale deed, is barred by limitation and cannot be permitted.
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