Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors on 25 March, 2008
When the counsel for the appellant therein argued against
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12 S.A.(MD)NO.692 OF 2014
the maintainability of the suit for having failed to seek the relief of
declaration by relying on Anathula Sudhakar v. Buchi
Reddy(2008) 4 SCC 594, I pointed out that in T.V.Ramakrishna
Reddy vs. M.Mallappa (2021 SAR (Civ) 1009, it was observed that
in Anathula Sudhakar, the Supreme Court in unquivocal terms had held
that where the plaintiff's title is not in dispute or under a cloud, a suit
for injunction could be decided with reference to the finding on
possession. Merely because the defendant questions the plaintiff's title,
that would not necessarily mean that the plaintiff's title is in dispute or
under a clod. The defendant will have to prima facie create a doubt in
the mind of the court that the plaintiff's claim of title is under a serious
cloud. In the case on hand, the defendant trust had not set up an
independent title. On the other hand, the issue turns only on the
construction of the recitals of the sale deed. No complicated question
of fact and law relating to title had really arisen as both the parties
claim to have derived title from one and the same person and that too
one and the same document.