Court based its decision on settled law ‘Unless there is serious cloud over the title of the plaintiff there is no need to file suit for declaration of title’
Civil Appeal No. 4816 of 2016
Bench: Justice V. Gopala Gowda; Justice Arun Mishra
Case Brief: In the present case, an appeal is preferred against the decision of the High Court, which has restored the judgement and decree of the Trial Court by reversing the judgement and decree of the first Appellate Court. In the facts of the case, the plaintiff had filed a suit claiming possession of the disputed property and mesne profits based upon the title. The suit was decided by the Trial Court in favour of Defendants and the claims of Plaintiff were rejected and dismissed. While decision so, the Trial Court found that passing of consideration has not been proved under the sale deed on which the Plaintiff was claiming possession. The Trial court also found that the plaintiff ought to have filed suit for declaration of title. However, the First Appellate Court allowed the appeal and decreed the suit in favour of plaintiff. The High Court, but allowed the appeal against the decision of First Appellate Court, as aforesaid, thus, the plaintiff is before this bench.
This bench observed that the plaintiff has based his case to recover possession on the strength of the sale deed, thus bench decided to examine the issue that whether it was necessary to seek relief or declaration of title. Also this bench observed that it was not a summary suit for ejectment filed under section 6 of the Specific Relief Act, 1963, as such plaintiff could succeed in suit for possession on the strength of the title. Also, this bench observed that there was no serious cloud on the title of the plaintiff so as to force him to seek the relief for declaration of title in the instant case which was in fact based on the strength of the sale deed executed by one who was the sole surviving heir in the family of deceased owner. Also, this bench sought to examine the finding of the High Court, that the sale deed in favour of Plaintiff has not been proved for want of examination of seller. Moreover, this bench again observed that the High Court has ignored the pleadings of the parties and the evidence on the question of execution of sale deed which establishes the fact that the sale deed was executed by concerned seller. As such, the bench has finally allowed the appeal preferred by plaintiff and also the impugned judgement and order of the High Court was dismissed and judgement passed by the first appellate court is restored.
Read the Judgement: Muddasani Venkata Narsaiah(D)Tr.Lrs. Vs Muddasani Sarojana