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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Yenkatala Anjaiah – Appellant
Versus
Yenkatala Ananthaiah – Respondent
JUDGMENT :
Renuka Yara, J.
Heard Sri N. Praveen Reddy, learned counsel for the appellants on admission. Perused the entire record.
2. The Second Appeal is preferred aggrieved by the judgment and decree in A.S.No.36 of 2024 dated 01.07.2025 passed by the learned Principal District Judge at Vikarabad (‘First Appellate Court’), confirming the judgment and decree in O.S.No.118 of 2016 dated 04.06.2024 on the file of the learned Principal Junior Civil Judge at Vikarabad (‘trial Court’), wherein a suit filed for declaration of title and recovery of possession has been decreed in favour of the respondents/plaintiffs directing the appellants herein/defendants to deliver vacant possession of the suit schedule property.
3. The brief facts of the dispute between the appellants and the respondents herein are that one Yenkathala Balaiah was a common ancestor of the appellants and the respondents. After the death of said Balaiah, all the properties which stood in his name were mutated in the name of his wife-Yenkathala Bichamma. After the death of Yenkathala Bichamma, the property devolved on her sons by name Yenkathala Bhimaiah and Yenkathala Hanmaiah. The said properties were mutated in the name o
The court held that the respondents established their title and possession over the suit land, dismissing the appellants' claims due to insufficient evidence.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
In a suit for declaration of title, the burden lies on the plaintiffs to substantiate ownership with clear evidence; mere possession is inadequate for claims. Title must be proven, not presumed.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
Possession does not confer title; only registered documents establish ownership, with evidence from allotment letters and pahanies deemed sufficient without further registration.
Mere possession of land does not ripen into a possessory title. The possessor must have animus possidendi and hold the land adverse to the title of the true owner. The requirement to prove hostility ....
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