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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Simranjeet Singh Punj – Appellant
Versus
President of Sri Sai Baba – Respondent
JUDGMENT:
LAXMI NARAYANA ALISHETTY, J.
This Second Appeal is filed challenging the judgment and decree, dated 14.06.2023, passed by the XXVII Additional Chief Judge, City Civil Court, at Secunderabad, in A.S.No.22 of 2020 whereunder and whereby the judgment and decree, dated 31.12.2019, passed by the XI Junior Civil Judge, City Civil Court, at Secunderabad, in O.S.No.105 of 2013 was confirmed.
2. The appellants herein are plaintiffs 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 plaintiffs filed the suit in O.S.No.105 of 2013, seeking perpetual injunction. In the plaint is averred that the plaintiffs are owners of Flat No.002, stilt ground floor, with undivided share of the land admeasuring 20 Sq.yds of 16.72 Sq.mts out of 532 Sq.yds along with built up area of 950 sft, house bearing No.3-1-69, known as Sree Baba Aashirwada Sadan, situated at Mandabad Basti, Lothkunta, Secunderabad Cantonment (hereinafter, referred to as ‘schedule A property’) and Flat No.001, stilt ground floor, with undivided share of the land adme
The court affirmed that plaintiffs seeking equitable relief must demonstrate 'clean hands'; unauthorized constructions cannot be protected by injunction.
Occupancy rights enable a party to seek a mandatory injunction against unauthorized construction without needing to establish title, emphasizing compliance with municipal laws.
Possession claims are invalid when original ownership rights are ceded through valid gift settlements, particularly when encroachment and unauthorized constructions contravene municipal regulations.
In a suit for injunction, the plaintiff must prove prima facie possession of the property; the weakness of the defendants' case cannot justify relief.
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 ....
Tenancy rights cannot be terminated without due process under the Transfer of Property Act, and eviction must follow legal requirements.
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