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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Myakalasompally Musti Thippanna – Appellant
Versus
D. Savaramma – Respondent
JUDGMENT :
LAXMI NARAYANA ALISHETTY, J.
1. This Second Appeal is filed challenging the judgment and decree, dated 09.11.2023, passed by the Principal District Judge, Jogulamba, in A.S.No.28 of 2019, whereunder and whereby the judgment and decree, dated 30.09.2019, passed by the Senior Civil Judge, Gadwal, in O.S.No.87 of 2014 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 are that plaintiff filed the suit in O.S.No.87 of 2014, for declaration of title and perpetual injunction in respect of 2 1/2 guntas of land in Sy.No.772/3/paiki (hereafter referred to as ‘schedule property’). In the plaint it is averred that plaintiff’s wife purchased the schedule property through registered sale deed bearing document No.1022/1984 from one Sri Namilikanti Nagappa. Later, the vendor got approved the plots through D.T.C.P into two bits i.e. 30 x 40 each with specific boundaries, which plaintiff got ratified vide registered document bearing No. 3561 of 2008 dated 07.07.2008 on the basis of agreement of sale dated 21.0
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.
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.
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 second appeal, concurrent findings of fact by lower courts cannot be disturbed without substantial questions of law, particularly when ownership and possession are unproven.
A void marriage precludes one from claiming rights as a legal heir under succession laws and the court's appellate powers are limited to substantial questions of law.
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.
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