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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
P. Prakash – Appellant
Versus
Sri Ravinder – Respondent
JUDGMENT :
(LAXMI NARAYANA ALISHETTY, J.)
This Second Appeal is filed questioning the judgment and decree, dated 18.09.2024, passed by the X Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, in A.S.No.232 of 2013, whereunder and whereby the judgment and decree, dated 06.06.2013, passed by the II Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar , in O.S.No.770 of 2010 was confirmed.
2. The appellantsherein are plaintiffs and respondents herein are defendantsbefore 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 are that plaintiffs filed O.S.No.770 of 2010, seeking perpetual injunction in respect of the Plot Nos.36,37, 38 & 39 admeasuring 639.86 Sq.yards in Sy.No.7 at Balapur Village, SaroornagarMandal, Ranga Reddy District (hereafter referred as ‘schedule property’). In the plaint, it is averred that plaintiffs are the absolute owners and possessors of the schedule property having purchased the same fromSmt.UmaBai,under a sale deed which was not registered before Sub Registrar Office, but registered before Gram Panchayat on 21.06.1979 by paying a stamp dut
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 ....
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.
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.
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.
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