Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Saleema Begum – Appellant
Versus
Municipal Commissioner – Respondent
JUDGMENT:
This Second Appeal is filed challenging the judgment and decree, dated 03.06.2024, passed by the Principal District Judge, Kamareddy, in A.S.No.78 of 2022 whereunder and whereby the judgment and decree, dated 16.08.2022, passed by the Senior Civil Judge, Kamareddy, in O.S.No.66 of 2015 was confirmed.
2. The appellant herein is plaintiff and respondents herein are defendants, 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 in the plaint are that plaintiff filed the suit in O.S.No.66 of 2015, seeking perpetual injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiff in respect of her two open plots bearing Nos.22 and 23 lies in LP.No.331/81 in Sy.No.23/AA admeasuring 711.1 Sq.yards equivalent to 611.5 Sq.mts situated at Ramareddy Road, Kamareddy Town (hereinafter referred to as ‘schedule property’). Plaintiff is absolute owner and possessor of the schedule property by virtue of registered gift settlement deed bearing Doc.No.5615/2007 dated 12-10-2017, which was gifted by her husband Shaik Mahaboob Ali, since then
Possession claims are invalid when original ownership rights are ceded through valid gift settlements, particularly when encroachment and unauthorized constructions contravene municipal regulations.
Ownership and possession claims necessitate substantiation of evidence regarding alleged encroachment and property boundaries.
The court affirmed that encroachment on public property negates claims of ownership and that plaintiffs must approach courts with transparent evidence.
Possession established through admissions is sufficient for granting permanent injunction against unlawful interference.
A suit for permanent injunction is not maintainable without seeking a declaration of title, emphasizing the necessity of establishing lawful possession and the binding nature of prior Commissioner's ....
A plaintiff can seek permanent and mandatory injunctions based on established possession of the property, regardless of whether a declaration of title has been formally sought.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
