MERE FILING OF SUIT FOR INJUNCTION SIMPLICITER WILL NOT ARRIVE WHEN THERE IS TITLTE DISPUTE, THE PRAYER FOR DECLARATION IS NECESSARY ONLY IF THE DENIAL OF TITLE BY THE DEFENDANT OR CHALLENGE TO PLAINTIFFS TITLE RAISES A CLOUD ON THE TITLE OF PLAINTIFF TO THE PROPERTY.: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 20 January, 2023 stating that mere filing of suit for injunction simpliciter will not arrive when there is titlte dispute, the prayer for declaration is necessary only if the denial of title by the defendant or challenge to plaintiffs title raises a cloud on the title of plaintiff to the property.. It was stated in the case of K.Salini Devi vs Nuthakki Santhi ( APPEAL SUIT No.328 of 2015)which was passed by the single judge bench comprising of HONOURABLE SMT. JUSTICE P.SREE SUDHA
FACTS OF THE CASE:
N.Santhi through her father as a registered G.P.A Holder filed a suit in O.S.No.328 of 2015 to declare her as owner and possessor of Plot No.4 admeasuring 400 Sq.yds equivalent to 334.4 Sq.yds in Sy.No.155 situated at rest of the area in block No.1 of Madeenaguda village, Serilingampally Mandal, R.R.District. The defendants No.1 & 2 were the absolute owners of the land bearing Sy.No.155 admeasuring 30 gts out of Ac.1 – 05 gts situated at Madeenaguda village, Serilingampally Mandal, R.R.District and the same was divided into House plots No.1 to 6 as per layout plan. The defendants No.1 &2 through defendant No.3/G.P.A a dated 02.09.1989 sold the plot No.4 admeasuring 400 Sq.yds to the defendant No.4 for valuable consideration through registered sale deed bearing Doc.No.2013/90 dated 12.02.1990.
JUDGEMENT OF THE CASE
The contention that from 1990 onwards they are in possession of the suit schedule property enjoyed by P.W.1 and thus they acquire for title by adverse possession cannot be accepted. Defendant No.4 purchased property from defendant No.3 much earlier to defendant Nos.5 to 8 and he in-turn sold to the plaintiff in the year 2002. When defendants tried to enter into the property of plaintiff in the year 2007, he filed suit for declaration. Considering the documents filed by plaintiff and evidence on record the trial Court rightly decreed the suit in favour of plaintiff, there is no infirmity in the Judgment and decree of the trial Court and it needs no interference.In the result, the appeal is dismissed confirming the Judgment and Decree of the trial Court. There shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.