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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Sk. Raheem – Appellant
Versus
Sattu Saidulu – Respondent
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
This Second Appeal is filed challenging the judgment and decree, dated 23.09.2024, passed by the Principal District and Sessions Judge, Suryapet District, at Suryapet, in A.S.No.09 of 2024, whereunder and whereby the judgment and decree, dated 09.04.2021, passed by the Senior Civil Judge, Suryapet, in O.S.No.159 of 2011 was confirmed.
2. The appellants herein are defendants and respondents herein are plaintiffs, before the trial Court. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.
3. The brief facts of the case as narrated tin the plaint are that plaintiff filed the suit in O.S.No.159 of 2011, for perpetual injunction restraining the defendants from interfering with the possession and enjoyment of the residential vacant site bearing D.No.2-1-225, measuring 309.07sq.yards, situated in Suryapet Municipality (hereafter referred to as ‘schedule property’). It is averred that parental grandfather of plaintiffs namely Sathu Venkanna was the owner of the schedule property; that out of love and affection, he gifted the schedule property to plaintiffs through registered Gift deed No.7874/11, dated 09.08.2011; t
The court affirmed that in property disputes, the burden of proof lies on the party claiming ownership, and mere possession does not establish title without documented support.
The courts upheld that unregistered deeds do not confer valid title, leading to plaintiffs' failure to prove ownership or possession; factual disputes in appeal do not raise substantial questions of ....
In a suit for injunction, the plaintiff must prove prima facie possession of the property; the weakness of the defendants' case cannot justify relief.
In a second appeal, concurrent findings of fact by lower courts cannot be disturbed without substantial questions of law, particularly when ownership and possession are unproven.
The burden of proving lawful title rests on the plaintiff when possession is contested; failure to provide sufficient evidence leads to dismissal of claims for injunction.
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