Smt. Kamalamma v. Smt. Shivamma
Case brief
What is this about?
In a suit for bare permanent injunction where the defendant lays a rival claim over the suit property, the court may incidentally decide title while assessing lawful possession (relying on Anathula Sudhakar v. P. Buchi Reddy, (2008) 4 SCC 594). The plaintiff's admission that the property within the boundaries claimed belonged to the defendant, and that it matched property decreed to the defendant in O.S.No.62/2003 against plaintiff's father-in-law, established identity of properties. The first appellate court's contrary conclusion was perverse; reversal of well-considered trial court findings without finding them capricious is unjustified. Appeal allowed with costs; trial court dismissal of suit restored.
What did the court decide?
Impugned first appellate judgment set aside; trial court judgment and decree dismissing the injunction suit restored, with costs.