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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Venishetty Kavitha – Appellant
Versus
Chintal Ramchander – Respondent
JUDGMENT:
RENUKA YARA, J.
Heard Smt. R. Madhavi Latha, learned counsel for the appellant on the question of admission. Perused the record.
2. The second appeal is filed aggrieved by the judgment and decree on the file of the learned I Additional District Judge at Medak confirming the judgment and decree dated 25.04.2023 in O.S.No.73 of 2018 on the file of the Senior Civil Judge at Medak, wherein, the suit filed by the appellant herein seeking perpetual injunction is dismissed.
3. The brief facts of the case are that the appellant herein is claiming to be owner and possessor of land in Sy.No.248/4 to an extent of Ac.2.06½ Gts., bounded by East: Residential School, West: Agricultural land of K. Tirupathi, North: Road, South: Agricultural land of K. Anantha Ramireddi, situated near Residential School, Medak Municipality, Medak Town and District. With respect to title, the appellant submitted that originally M. Janardhan Reddy owned the suit schedule property and then sold it to T. Satish and another through registered sale deed document No.9 of 1995, dated 03.01.1995. Thereafter, said T. Satish and another sold the suit schedule property to the appellant vide registered sale deed document
In a second appeal, the court cannot overturn concurrent factual findings of lower courts without proof of legal error or perversity, stressing the burden of proof on the claimant regarding possessio....
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
For perpetual injunctions, the appellant must affirmatively prove possession and existence of land, especially against counterclaims of conversion, failure of which leads to dismissal.
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