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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Megavath Bansi Naik – Appellant
Versus
Syed Habeebuddin – Respondent
JUDGMENT:
RENUKA YARA, J.
Heard Sri M. Anil Kumar, learned counsel for the appellant on admission. Perused the entire record.
2. The Second Appeal is preferred aggrieved by the judgment and decree dated 30.07.2025 in A.S.No.9 of 2019 passed by the learned IV Additional District Judge, Nizamabad, (‘First Appellate Court’), wherein the appeal was dismissed, confirming the judgment and decree dated 11.03.2019 in O.S.No.92 of 2014 on the file of the Senior Civil Judge, Nizamabad, (‘Trial Court’).
3. The brief facts of the case are that the respondent herein filed suit in O.S.No.92 of 2014 seeking declaration of title, recovery of possession, damages and consequent relief of perpetual injunction, after delivery of possession against the appellant herein. In said suit, the respondent examined himself and another witness as P.Ws.1 and 2 and got marked Exs.A-1 to A-24. The appellant got examined D.Ws.1 to 4 and got marked Exs.B-1 to B-20. The learned Trial Court examined Exs.A-1 to A-20 and Exs.B-1 to B-17 and arrived at conclusion that the respondent is the original owner of the suit schedule property i.e., agricultural lands in Sy.No.36/69 admeasuring three acres and Sy.No.36/(Wet) (Paiki) a
Possession does not confer title; only registered documents establish ownership, with evidence from allotment letters and pahanies deemed sufficient without further registration.
In a suit for perpetual injunction, the plaintiff's possession prevails over claims of title disputes, emphasizing the need for factual evidence of possession rather than just title claims.
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
The establishment of title and failure to prove right to possession are crucial in determining entitlement to recovery of possession.
The court held that the respondents established their title and possession over the suit land, dismissing the appellants' claims due to insufficient evidence.
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