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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI
P.Ramanadham – Appellant
Versus
V.Sumathi – Respondent
JUDGMENT :
TIRUMALA DEVI EADA, J.
This is an appeal filed by the appellants, being aggrieved by the judgment and decree, dated 17.04.2019 passed in O.S.No.201 of 2014 by the learned XXVII Additional Chief Judge, City Civil Court, Secunderabad (for short “the trial Court”).
2. The appellant herein is the plaintiff and the respondent is the defendant before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.
3. The case of the plaintiff is the he is the absolute owner of the suit schedule property i.e. residential house consisting of ground floor + two upper floors of house bearing No.1-3-302 (old No.287) admeasuring 1245 sq.feet constructed on plot admeasuring 66.08 Sq.yards or 55.25 Sq.Meters situated at Comsary Bazar, Bowenpally, Secunderabad, having purchased the same from the defendant through a registered sale deed bearing document No.1469 of 2013 dated 16.09.2013. It is his case that originally the defendant being the absolute owner and possessor of the suit schedule property offered to sell the same to the plaintiff for a consideration of Rs.14,12,000/- and that the plaintiff agreed t
A party must establish legal title to property to claim possession or rent; mere execution of documents does not confer ownership without valid title.
The plaintiffs must establish their title to claim possession, and lack of evidence to support damages claim leads to dismissal.
(1) Mere sale agreement does not create any right or interest in property.(2) Right and remedy for enforcement are mutually exclusive jurisprudential concepts.(3) A person who invokes protection of S....
The burden of proving a benami transaction and the right to file a separate suit for mesne profits were the central legal principles established in the judgment.
A suit for possession of immovable property based on title must be filed within the limitation period prescribed by law, and the plaint must establish a valid cause of action.
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.
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