SRI. K.M. KRISHNA REDDY versus SRI. VINOD REDDY & ANR.

SRI. K.M. KRISHNA REDDY versus SRI. VINOD REDDY & ANR.

Where a plaintiff was in possession and the defendant's plea was one of adverse possession against the plaintiff or his predecessor, the plaintiff need not seek a declaration of title in a suit for injunction simpliciter; the real issues are (a) whether the plaintiff was in possession on the date of institution of the suit and (b) whether the defendant perfected title by adverse possession, and the burden to prove adverse possession lies on the defendant. The amendment to add a declaration in this case was, however, barred by limitation and the merits of the suit and counter-claim must be decided by the High Court on remand.

Parties
Appellant: SRI. K.M. KRISHNA REDDY; Respondents: SRI. VINOD REDDY & ANR.
Jurisdiction
India
Judgment Date
06 October 2023
Procedural Posture
Civil Appeal (regular Second Appeal) / Judgment by Supreme Court; Regular Second Appeal Remanded to High Court for Decision on Merits
Outcome
Appeal partly allowed; impugned judgment dated 10.02.2010 set aside; Regular Second Appeal No.1361 of 2007 restored to the file of the High Court and remanded for decision on merits except the limitation issue on amendment which was held time-barred.
Legal Topics
Adverse Possession, Perpetual Injunction, Declaration of Title, Amendment of Plaint, Burden of Proof
Property Law Civil Procedure Limitation Adverse Possession Perpetual Injunction Declaration of Title Amendment of Plaint Burden of Proof

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Parties

SRI. K.M. KRISHNA REDDY

Appellant

SRI. VINOD REDDY & ANR.

Respondents

Procedural Posture

Civil Appeal (regular Second Appeal) / Judgment by Supreme Court; Regular Second Appeal Remanded to High Court for Decision on Merits

Legal Issues

  1. 1 Whether a plaintiff in a suit simpliciter for perpetual injunction based on title must claim a declaration of title when the defendant pleads adverse possession against the plaintiff or his predecessor
  2. 2 Whether the amendment to the plaint to include a prayer for declaration of title was barred by limitation under Article 58 of the Limitation Act, 1963
  3. 3 Which party bears the burden of proof of adverse possession

Ratio Decidendi

Where a plaintiff was in possession and the defendant's plea was one of adverse possession against the plaintiff or his predecessor, the plaintiff need not seek a declaration of title in a suit for injunction simpliciter; the real issues are (a) whether the plaintiff was in possession on the date of institution of the suit and (b) whether the defendant perfected title by adverse possession, and the burden to prove adverse possession lies on the defendant. The amendment to add a declaration in this case was, however, barred by limitation and the merits of the suit and counter-claim must be decided by the High Court on remand.

Court Disposition

Appeal partly allowed; impugned judgment dated 10.02.2010 set aside; Regular Second Appeal No.1361 of 2007 restored to the file of the High Court and remanded for decision on merits except the limitation issue on amendment which was held time-barred.

Orders

  • Impugned judgment dated 10.02.2010 set aside
  • Regular Second Appeal No.1361 of 2007 restored to the file of the Karnataka High Court