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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Aijaz Sultana – Appellant
Versus
District Collector – Respondent
JUDGMENT:
LAXMI NARAYANA ALISHETTY, J.
This Second Appeal is filed challenging the judgment and decree, dated 08.04.2024, passed by the II Additional Chief Judge, City Civil Court at Hyderabad, in A.S.No.330 of 2013, whereunder and whereby the judgment and decree, dated 03.06.2013, passed by the XI Additional Senior Civil Judge (F.T.C), City Civil Court, Hyderabad, in O.S.No.517 of 2005 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.517 of 2005, for perpetual injunction restraining the defendants from interfering with the possession and enjoyment in respect of H.No.8-2-602/34, measuring 647 square yards in Sy.No.129/65 (old) 242 (new) along with compound wall, situated at Road No.10, Zahara Nagar, Banjara Hills, Hyderabad (hereinafter referred to as ‘schedule property’). It is averred that husband of plaintiff namely, late Mohd.Lateef-Ur-Rahaman purchased the schedule property under registered sale deed document No.942/1979 dated 2
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.
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 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 declaration of title, the plaintiff bears the burden to establish clear ownership, and evidence of ownership must supersede mere registrative acts.
In a suit for injunction, the plaintiff must prove prima facie possession of the property; the weakness of the defendants' case cannot justify relief.
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