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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
K. Ganga Goud – Appellant
Versus
K. Vittal – Respondent
JUDGMENT :
RENUKA YARA, J.
1. Heard Sri Vijay B. Paropakari, learned counsel for the appellants on admission.
2. This Second Appeal is preferred aggrieved by the judgment and decree dated 02.09.2025 passed by the learned Principal District and Sessions Judge, Kamareddy (‘First Appellate Court’) in A.S.No.14 of 2024, confirming the judgment and decree dated 29.12.2023 passed by the learned Senior Civil Judge, Kamareddy, (‘Trial Court’) in OS No. 1 of 2003, wherein a suit file seeking declaration of title and recovery of possession has been dismissed.
3. The background facts of the case are that the appellants/plaintiffs claim to be owners and possessors of the suit schedule property consisting of 1422.75 square yards situated at Bathkammakunta, Kamareddy. Appellant Nos. 1 to 5 are purchasers and the remaining appellants are their legal heirs. The suit schedule property is part and parcel of open land admeasuring north eastern side 252 feet, western side 225 feet and east to west 490 feet, purchased by the father of the appellant Nos.1 to 5 from the owner Late Abdul Hameed under Ex.A-1 registered sale deed dated 12.07.1958. Thereafter, said open land was converted into plots vide L.P.No.
Claimants in a title suit must independently prove ownership; reliance on defendants’ weaknesses or adverse possession arguments is insufficient without establishing a valid claim.
The burden of proof lies on the party asserting the affirmative issue, and adverse possession requires the party to set up their own adverse title and remain in exclusive possession hostile to the tr....
The appellants' possession of the suit property is the settled possession and it has to be protected until they are evicted by due process of law. The respondent had lost the right to claim declarati....
A claim of adverse possession requires proper pleading of duration and nature of possession; mere long possession does not confer title.
In property disputes where neither party has a valid title, the person in prior possession is entitled to recover possession, and a suit for recovery of possession is maintainable even if the title i....
To claim adverse possession, one must establish continuous, open, and hostile possession for the statutory period, acknowledging the title of the true owner.
Claim of adverse possession requires open, continuous possession with knowledge to the rightful owner. Plaintiffs failed to provide sufficient evidence, resulting in dismissal.
To establish adverse possession, one must demonstrate continuous and hostile possession against the true owner with intent to dispossess, which was not proven in this case.
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