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HIGH COURT OF TELANGANA
LAXMI NARAYANA ALISHETTY
Ravulkole Vijay Kumar – Appellant
Versus
Gruhalaxmi – Respondent
| Table of Content |
|---|
| 1. defendants claim ownership (Para 4) |
| 2. trial court's findings (Para 7 , 8) |
| 3. appellate court's findings (Para 9 , 10 , 11 , 12 , 13) |
| 4. principle of possession (Para 14 , 15 , 16 , 17) |
| 5. appeal dismissed (Para 18 , 19) |
JUDGMENT :
The present Second Appeal is filed questioning the judgment and decree, dated 13.06.2023, passed by the Chief Judge, City Civil Court, Hyderabad, in A.S.No.28 of 2020, whereunder and whereby the judgment and decree dated 18.10.2019 passed by the VII Junior Civil Judge, City Civil Court, Hyderabad, in O.S.No.2929 of 2016 was confirmed.
3. The brief facts of the case, which led to filing of the present Second Appeal, are that the plaintiff filed the suit claiming that his father by name Kannaiah was the absolute owner and possessor of the suit schedule property having acquired the same by way of a registered sale deed bearing document No.130/1951, dated 16.04.1952; that his father died on 26.04.1991; that he constructed a house in part of the property and a part of the remaining land was sold to third parties; that he, being a Ganesh devotee, constructed a Mandapam in 137 square yards and had been erecting Ganesh idol every year for the past 30
In a suit for injunction, the plaintiff must prove prima facie possession of the property; the weakness of the defendants' case cannot justify relief.
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.
In actions for injunctions, plaintiffs must demonstrate lawful possession and seek a declaration of title when ownership is disputed; failure to do so renders the suit unmaintainable.
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 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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