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2026 Supreme(Online)(Tel) 12040

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, Vakiti Ramakrishna Reddy, JJ
Mythrae Reddy – Appellant
Versus
District Collector – Respondent
CITY CIVIL COURT APPEAL No. 33 of 2005

Advocates:
For the Appellants/Petitioners: J.V. Prasad, K. Krishna
For the Respondents: Pottigari Sridhar Reddy, E. Venkata Siddhartha

Registered conveyances confer a presumption of title, whereas fiscal survey records are not conclusive evidence of ownership. Alternative pleas of title and adverse possession are permissible in civil litigation, and the Government is deemed properly represented when the responsible district authority appears and contests the matter.

Headnote:(A) Code of Civil Procedure, 1908 - Sections 79 and 80 - Suit against Government - Requirement of notice and parties - Mis-description of Government entity does not invalidate proceedings if the Government is substantively before the court - Leave for urgent relief under Section 80(2) once entertained by the court satisfies the requirement of mandatory notice - (Paras 63, 66, 67, 70).

(B) Evidence - Registered Documents - Registered conveyances create a presumption of validity and sanctity - Burden of proof rests heavily on the challenger to prove such documents are ‘sham’ - (Para 34).

(C) Evidence - Revenue Records - Khasra Pahani and basic record-of-rights carry presumptive evidentiary value under governing land regulations - Town Survey and Land Register (TSLR) entries are for fiscal purposes and are not conclusive proof of title - (Para 37, 43, 45).

(D) Adverse Possession - Pleadings - Alternative and inconsistent pleas of title and adverse possession are permissible, provided they are not mutually destructive - Once the statutory period for adverse possession is satisfied, the possessory owner acquires interest that can be used as a sword or shield - (Paras 50, 52, 57).

Facts of the case:
A plaintiff sought a declaration of title and perpetual injunction regarding property. The claim was based on a chain of registered conveyances originating from a recorded pattadar. The trial court dismissed the suit, relying on Town Survey entries and the claim that the property was government land. The plaintiff also raised an alternate plea of adverse possession.

Findings of Court:
The court held that the registered chain of documents remained unchallenged and carried a presumption of validity. The trial court erred in treating fiscal survey entries as conclusive proof of ownership and ignoring the registered evidence. Furthermore, the Government's prior initiation of proceedings against the plaintiff regarding land usage acknowledged the plaintiff's possession.

Issues: Whether the plaintiff established valid title; whether fiscal survey records are conclusive proof of title; whether alternative pleas of title and adverse possession are maintainable; and whether the suit was barred due to procedural technicalities regarding Government notice and impleadment.

Ratio Decidendi: Registered instruments carry high evidentiary sanctity, and survey entries (TSLR) are merely for fiscal purposes, not title. A party may plead adverse possession as an alternative to a title claim. Where a Government body is effectively represented in court, minor mis-descriptions in the party array do not defeat the suit, and prior judicial leave for urgent relief suffices to overcome notice requirements.

Result: Appeal allowed. Suit decreed. Plaintiff declared owner and defendants permanently restrained from interference.

Table of Content
1. factual background involving property dispute and government claim. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. appellant's stance on registered titles and evidentiary value of revenue records. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22)
3. respondent's defense regarding government land status and procedural non-compliance. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29)
4. registered title deeds create a presumption of validity. (Para 32 , 33 , 34 , 35 , 36)
5. khasra pahani has presumptive value; tslr is not conclusive title proof. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45)
6. alternative claims of title and adverse possession are permissible. (Para 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62)
7. failure to strictly follow section 80 cpc does not negate urgent relief. (Para 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71)
8. judgment set aside; title decreed in favor of appellant. (Para 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81)

JUDGMENT:

(Per Honourable Sri Justice Vakiti Ramakrishna Reddy)

1. This Appeal is filed by the appellant/plaintiff assailing the Judgment and Decree dated 29.01.2005 passed in O.S.No.87 of 2001 (for short ‘the impugned judgment’) on the file of learned XIV Additional Chief Judge, City Civil Court (for short ‘the Trial Court’), whereby the suit instituted by the plaintiff against the defendants seeking declaration of title and consequential perpetual injunction in respect of suit schedule property, came to be dismissed.

2. For the sake of convenience, the parties shall hereinafter be referred to as they were arrayed before the learned Trial Court.

I. BRIEF FACTS:

3. The brief facts of the case, as borne out from the record, are that the Plaintiff filed the suit seeking declaration of title and perpetual injunction in respect of the property bearing Municipal No. 8-2-269/4/D, Road No.2, Banjara Hills, Hyderabad (hereinafter referred to as ‘the Suit Schedule Property’). Initially, the plaintiff instituted a suit for bare perpetual injunction, which was subsequently amended to include the relief of declaration of title, and thereafter further amended by raising a plea of title by adverse possession.

4. The plaintiff traces her title to the suit schedule property through Mr. Shaik Ahmed, the original owner of land admeasuring Ac.7.00 guntas in Survey No.403/1 of Shaikpet Village, as reflected in the Khasra Pahani for the year 1954-55. Out of the aforesaid extent, land to an extent of Ac.5.00 guntas was sold to Smt. B. Venkatlaxmi and Vijayamani under a registered sale deed dated 15.06.1964, followed by mutation and revenue entries in their favour. Subsequently, the said purchasers effected a partition under registered partition deed dated 10.06.1965, whereunder Smt. B. Venkatalaxmi was allotted Ac.3.00 guntas and 3680 square yards and while Smt.Vijayamani got 6000 square yards.

5. Smt. B. Venkatlaxmi thereafter, sold an extent of 2650 square yards to Smt. J.Chamanthi under a registered sale deed dated 20.09.1966. In turn, Smt. J.Chamanthi sold 2411 square yards to Sri B. Gopala Krishna Reddy under a registered sale deed dated 15.06.1967. Owing to an inadvertent mistake in mentioning Survey No.408/1 instead of 403/1, a rectification deed dated 17.11.1984 was executed. Thereafter, Sri B. Gopala Krishna Reddy, settled the said property in favour of the plaintiff, who is his daughter, by way of a registered settlement deed dated 18.01.1972. Since then, the plaintiff claims to have been in continuous possession and enjoyment of the property. According to the plaintiff, she is presently in possession of 1400 sq. yards, which constitutes the suit schedule property.

6. The plaintiff asserts that her possession has been long, continuous, and lawful, evidenced by construction of a watchman room in the year 1992 with permission of the Municipal Corporation of Hyderabad, assessment of municipal taxes, assignment of house number, and payment of property tax for several years. I

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2026 Supreme(Online)(Tel) 12040

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABADK. Lakshman, Vakiti Ramakrishna Reddy, JJMythrae Reddy – AppellantVersusDistrict Collector – RespondentCITY CIVIL COURT APPEAL No. 33 of 2005

Cases Referred (7)

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, Vakiti Ramakrishna Reddy, JJ
Mythrae Reddy – Appellant
Versus
District Collector – Respondent
CITY CIVIL COURT APPEAL No. 33 of 2005