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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Saleema Begum – Appellant
Versus
Municipal Commissioner – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim of ownership and possession. (Para 1 , 2 , 3) |
| 2. defendants' denial and counterclaims. (Para 4 , 5 , 6) |
| 3. court's findings on evidence. (Para 7 , 9) |
| 4. appellate arguments and outcomes. (Para 11 , 12 , 13) |
| 5. dismissal of the appeal. (Para 14 , 15 , 16 , 17 , 18) |
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 R
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.
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.
The High Court's jurisdiction under Section 100 of the C.P.C. is confined to substantial questions of law, prohibiting re-evaluation of evidence or findings of fact.
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