ANAND BYRAREDDY,J. - (1.) THE Appellant who was the Plaintiff before the trial court had sought for the relief of injunction. The Appellant sought to base his case on four exhibits, Ex.P1 to P4. Ex.P1 to P3 were RTC extracts and Ex.P4 was a tax -paid receipt.
(2.) THE trial court having decreed the suit in favour of the plaintiff, the same was challenged in appeal. The lower appellate court has reversed the findings on the footing that the trial court could not have drawn a presumption in favour of the Appellant -Plaintiff only on the basis of the RTC extracts, which were disputed by the Defendant and when the Defendant had also produced revenue records to demonstrate that the Defendant was also claiming possession over the property. It is further on record, that no challenge was made to the revenue entries in favour of the Defendant, This, however, at the stage of admission of this appeal, is sought to be dispelled by the learned Counsel for the Appellant, who seeks to produce an order passed in appeal before the revenue authorities challenging the entries made in favour of the Defendant, which according to the learned Counsel for the Appellant, is allowed. If this be so, the Appellant is always entitled to file, a suit for recovery of possession if the Appellant is in a position to establish his title to property in an appropriate suit. The same would not be sufficient to set aside the impugned judgment.
(3.) THE lower appellate court has rightly held that if presumption to be drawn in favour of the plaintiff, the RTC entries have to be supported by mutation entries in his favour, which was not forthcoming. Therefore, there is no substantial question of law that would arise for consideration in the present appeal. The Appellant's remedy is to file a comprehensive suit for recovery of possession if the Appellant is in a position to establish his title to the property, when there is a serious dispute by the Defendant. The substantial questions of law sought to be framed in the present appeal do not arise for consideration.;