O.S.187/2017
PJCJ/CDM 1
IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE:: CHODAVARAM
Present: Sri. A.Krishna Prasad
Principal Junior Civil Judge: Chodavaram
Friday, this the 13thday of March, 2020
ORIGINAL SUIT NO.187/2017
Between:
Jonnada Raja Rao, S/o. (Late) Samudram, aged 48 years, Hindu, Dhobi and doing caste profession and cultivation and L.I.C. Agent, Residing at Lakshmipuram village, Chodavaram Mandal, Visakhapatnam District. (Aadhar No. 9977 1867 6878) …Plaintiff
And:
1.Challapureddi Koteswara Rao @ Koti, S/o. Nageswara Rao @ Nagesh, aged 46 years, Hindu, Cultivation, Residing at Lakshmipuram Village, Chodavaram Mandal, Visakhapatnam District.
2.Challapureddi Naidu, S/o. Nageswara Rao @ Nagesh, aged 31 years, Hindu, Cultivation, Residing at Lakshmipuram Village, Chodavaram Mandal, Visakhapatnam District.
3.Challapureddi Nageswara Rao @ Nagesh, S/o. (Late) Maridayya, aged 71 years, Hindu, Cultivation, residing at Lakshmipuram Village, Chodavaram Mandal, Visakhapatnam District.
4.Adari Rama Krishna, S/o. Jogi Apparao, aged 51 years, Hindu, Real Estate Business, Residing at House No. 172076/A, Gavarapalem, Dadivari Street, Anakapalli Town and Mandal, Visakhapatnam District.
….Defendant
This suit came up on 19.02.2020 before me for final hearing in the presence of
Sri G.P.Satyanarayana, Advocate for the Plaintiff and Sri G.Koti, Advocate for D.1 to
D.3 and Sri K.David, Advocate for D.4 and that the same is having stood over for consideration till this day, this court delivered the following:
JUDGMENT
1. This suit is filed by plaintiff against the defendants for granting permanent injunction by restraining the defendants, their men, servants and agents etc., from ever interfering with peaceful possession and enjoyment of plaintiff over the plaint schedule property in any manner and for costs of the suit.
2.The brief facts of the plaint are that: the plaintiff is the absolute owner of plaint schedule property and as such he is in possession and enjoyment of the same as father of the plaintiff purchased the plaint schedule property from One Sunkara Bhaskara
Lakshmi under registered sale deed dated 19.05.1988. subsequently the revenue authorities mutated the name of the plaintiff in all revenue records in respect of plaint schedule property within its boundaries for an extent of Ac.0.50 cents and he was
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PJCJ/CDM 2 issued cultivation Account, 1B Register, Pattadar Pass Book and Title Deed book for an extent of Ac.0.50 cents and plaintiff has also been paying land revenue in respect of plaint schedule property. 4Th defendant is doing Real Estate Business and defendants 1 to 3 are his associates. As such, defendants requested the plaintiff to sell away plaint schedule property to them for which plaintiff refused. Hence, defendants bore grudge against the plaintiff and not allowing plaintiff to enjoy the plaint schedule property and trying to occupy the plaint schedule property in the absence of plaintiff who shifted his residence to Chodavaram in view of his employment. While so, on 28.10.2017 at about 10.00 AM when plaintiff attending to agriculture works in the plaint schedule property in respect of paddy crop defendants came along with their men and obstructed the plaintiff and tried to dispossess him. But, plaintiff could protect his possession due to intervention of elders who chastised the defendants who left the place proclaiming them that they would again come there and occupy the plaint schedule property. Hence, this suit.
3.On the other hand, 1st defendant filed their written statement and the same was adopted by the defendants 2 and 3. Where as 4th defendant filed separate written statement. Defendants 1 to 4 denied the case of plaintiff in their written statements. The sum and substance of written statements of defendants 1 and 4 is that the entire plaint schedule property was not covered under sale deed of father of the plaintiff and the extent under the said sale deed is only Ac.0.31 cents, but, plaintiff filed this suit for Ac.0.50 cents which can not be accepted in the eye of law as his father purchased only Ac.0.31 cents. The property situated towards East of plaint schedule property is belongs to defendants 1 to 3 and as such they sold away the same to 4th defendant under Agreement of Sale cum GPA Document NO.
5568/2016 dated 26.09.2016 and delivered the possession of the same to him. Since then the 4th defendant has been in possession and enjoyment of the property which was included in the plaint schedule property by the plaintiff wrongfully. When 4th defendant refused the request of plaintiff for sell away plaint schedule property is trying to cause troubles to the 4th defendant and with that intention plaintiff filed the suit to grab away the property of 4th defendant by showing the wrong boundaries.
The real Eastern boundary of property of plaintiff is property of his father's vendor, but the plaint schedule Eastern boundary is road which itself shows that plaintiff filed the suit with wrong boundaries accordingly the same is liable tobe dismissed.
Hence, pray to dismiss the suit with costs.
4. Upon hearing of the both parties and upon perusal of the record, this Court has framed the following issues for trial.
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PJCJ/CDM 3
1. Whether the plaintiff is in lawful possession of the plaint schedule property by the time of filing of suit ?
2. Whether the land covered under Registered sasle deed dated
19.05.1988 is actually in an extent of Ac.0.50 cents and it was
wrongly mentioned as Ac.0.31 cents ?
3. plaintiffs are entitled to claim relief of permanent injunction against defendants as prayed for ?
4. To what relief?
5.In order to prove the case of the plaintiff he himself is examined as PW.1 and got examined three third parties to the suit as PWs 2 to 4. Plaintiff got marked
Ex.A.1 to A.11 documents on his behalf. On behalf of the defendants, 4th defendant is examined as DW.1, one third party to the suit is examined as DW.2 and 1st defendant is examined as DW.3 and defendants got marked Ex.B.1 to B.3 documents on their behalf.
6.Heard both sides. Perused the record. Since all the issues are interrelated and depends upon the same set of facts, in order to avoid repetition of factual aspects, all the issues are taken up together for discussion.
Issues 1 to 4:
7.In order to prove the case of the plaintiff, he himself is examined as P.W.1 and got examined three third party to the suit as PW.2 to P.4 and got marked Ex.A.1 and Ex.A.11 documents on his behalf. Ex.A1 is the Original Registered Sale Deed
dated 19.05.1988, Ex.A2 is the Original Certificate with regard to deposit of title
deed with society dated 16.05.2017, Ex.A3 is the Certified copy of 1B Register
dated 11.05.2017, Ex.A4 is the Certified copy of Adangal/Pahani for the fasli dated
11.05.2017, Ex.A5 is the Land Revenue Receipt for Rs.500/ dated 02.06.2011,
Ex.A6 is the Land Revenue Receipt for Rs.500/ dated 03.02.2016, Ex.A7 is the
Land Revenue Receipt for Rs.100/ dated 06.05.2017, Ex.A8 is the Certified copy of the Judgment, Ex.A9 is the Certificate with regard to deposit of title deed book,
dated 23.01.2019, Ex.A10 is the Land Revenue Receipt for Rs.100/ dated
06.12.2018 and Ex.A11 is the Certified copy of 1B Register dated 23.01.2019.
8.The contents of chief affidavits of PWs 1 to 3 are in the same lines of plaint averments. During cross examination of PW.1 he stated that he obtained sale deed for Ac.0.31 cents but he mentioned in the plaint schedule it was Ac.0.50 cents. He further stated that the Eastern boundary in the plaint schedule and the property of
Ex.A1 are different. He further stated that the road shown as eastern boundary of plaint schedule is situated after the land of Bhaskara Lakshmi. He denied the
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PJCJ/CDM 4 suggestion that the eastern side property of his property is an extent of Ac.0.75 cents which was sold by Bhaskara Lakshmi to 1st defendant and in turn defendants 1 and 2 sold the same to 4th defendant. He also stated that the land sold by 1st defendant to 4th defendant is having its Eastern boundary is Gorja/Rastha. He admitted that he has no record to show rastha is present towards east of his land. He denied the suggestion that he filed the suit with wrong boundaries by including the land of 4th defendant into plaint schedule to grab away the same.
9.PW.2 stated in his cross examination that defendants 1 to 3 previously cultivated the part of the land of Bhaskara Lakshmi on Eastern side. He further stated that defendants 1 to 3 sold the Eastern side land to 4th defendant and he is in possession and enjoyment of the same. He also stated that he doesn't know the boundaries of land purchased by father of plaintiff. He further stated that the land of
Sunkara Bhaskara Lakshmi is present on the west of the Gorja. He further stated that Sunkara Bhaskara Lakshmi sold the land to plaintiff by retaining her land towards East and South. He also stated that since from the date of purchase of property of plaintiff it remained with same boundaries as mentioned in the sale deed. He further stated that one bund is present between the land of Bhaskara
Lakshmi kept with her and the land sold to plaintiff.
10.PW.3 stated in his cross examination that the boundaries of the property sold by Bhaskara Lakshmi were not changed so far. The boundaries of sale deed executed by Bhaskara Lakshmi are correct. He further stated that 4th defendant has been in possession and enjoyment of property purchased by him from defendants 1 to 3.
PW.4 stated inhis crosse examination that since 2 years 4th defendant has been enjoying the land situated towards South of plaintiff's property. He further stated that Bhaskara Lakshmi sell away said property to 4th defendant about two years back.
11.As seen from the cross examination of PWs 1 to 4 it is learnt that the vendor of plaintiff sold her land by keeping her property on Eastern side and as such the
Eastern boundary of Ex.A1 is mentioned as land of vendor of plaintiff. Whereas the contention of plaintiff is that he purchased plaint schedule property which is an extent of Ac.0.50 cents but he got mentioned in sale deed as Ac.0.31 cents. Since he purchased Ac.0.50 cents exhibits A3 to A7 were issued in his name for an extent of
Ac.0.50 cents. If really the plaintiff purchased an extent of Ac.0.50 cents within the boundaries of plaint schedule boundaries in Ex.A1 must be tallied with the boundaries of plaint schedule. More particularly regarding the Eastern boundary the contention of defendants is that towards East of the property of plaintiff his vendor
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PJCJ/CDM 5 had her property and after that the rastha is present as shown in plaint schedule and the said land was purchased by 1st defendant and subsequently sold the same to 4th defendant under registered GPA cum Agreement of sale. Regarding the said contention PW. 2 and 3 categorically stated that towards East of the property of the plaintiff land of Sunkara Bhaskara Lakshmi is present and the said land was cultivated by defendants 1 to 3 previously and they sold away the same to 4th defendant and 4th defendant is in possession and enjoyment of the same. As deposed by PW.2 and 3 if the vendor of plaintiff was having her land towards east of theproperty of the plaintiff and the said land was cultivated by the defendants 1 to 3 and purchased by 4th defendant from defendants 1 to 3 how plaintiff had have his land by showing the eastern boundary as rastha. Though defendants did not averred in their pleadings that defendants 1 to 3 purchased Eastern side property of plaintiff from the vendor of the plaintiff during cross examination of PWs 1 to 4 the said fact has been suggested. And PW.2 and 3 categorically admitted the said suggestion of defendants and they further admitted that 4th defendant has been in possession and enjoyment of his land purchased from defendants 1 to 3. When once plaintiffs own witnesses admitted the case of the defendants that the 4th defendant is in possession and enjoyment of the land situated towards West of the rastha plaintiff can not contended that the said property which is situated towards west of the rastha is belongs to him. As above said Eastern boundary of Ex.A1 is property of his vendor and the Eastern boundary of plaint schedule herein is rastha. Since the Eastern boundary is not tallied it can not be said that the plaint schedule property is that of the property covered under Ex.A1 as PW.2 and 3 stated during their cross examination quite contra to the case of the plaintiff.
12.However, counsel for the plaintiff on relying upon Ex.A2 to A7 and Ex.A9 contended that since plaintiff purchased Ac.0.50 cents of land he was issued 1B
Register, Adangal Pahani, Land Revenue Receipt and Pattadar Pass book and Title
Deed book for an extent of Ac.0.50 cents. Though 1B Register, Adangal Pahani,
Land Revenue Receipts, Pattadar Pass book and title deed book were issued to the plaintiff for an extent of Ac.0.70 cents as per Ex.A1 sale deed it shows that he purchased only Ac.0.31 cents. If really the boundaries of property covered under
Ex.A1 are tallied with the plaint schedule boundaries certainly the case of the plaintiff can be believed. Since the boundaries of Ex.A1 are not tallied with plaint schedule boundaries it is not safe to believe Ex.A2 to A7 and Ex.A9 that the same were issued in accordance with Ex.A1 as it is settled law is that mere entries in revenue records are not base to claim Title of the property by the person asserting it.
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13.Apart from the admissions of PWs 2 and 3, 4th defendant got examined as
DW.1 by filing his chief affidavit and got marked E.xB.1 to B.3 documents on their behalf. Ex.B.1 is original GPA cum Agreement of sale dated 26.09.2016, Ex.B.2 is
Original Title deed in favour of 1st defendant and Ex.B.3 is the Original Pass book in favour of 1st defendant. Defendants further got examined one third party to the suit as DW.2 and 1st defendant as DW.3. Ex.B.1 to B.3 shows that 4th defendant has been in possession and enjoyment of the land sitauted towards West of the rastha i.e., part of the plainit schedule property. Though, learned counsel for the plaintiff cross examined DWs 1 to 3 nothing favourable to the case of the plaintiff has been elicited from them. Hence, the evidence of DWS 1 to 3 remains uncontradicted and supported the case of the defendants I do not find any reasons in disbelieving the case of the defendants.
14.Learned counsel for the plaintiff further contended that defendants failed to prove their contention that defendants 1 to 3 purchased property situated towards
West of the rastha from Sunkara Bhaskara Lakshmi they can lay any claim over the plaint schedule property. As rightly argued by counsel for plaintiff defendants 1 to 3 did not file the sale deed alleged to be obtained from Sunkara Bhaskara Lakshmi.
But the own witnesses of plaintiff i.e., PWs 2 and 3 categorically admitted that defendants 1 to 3 purchased property situated towards west of the rastha from
Bhaskara Lakshmi and they inturn sold the same to 4th defendant and he has been in possession and enjoyment of the same since two years. With the said admission of
PW 2 and 3 the contention of defendants that 4th defendant has been in possession and enjoyment of property situated towards west of the rastha can be believed.
Plaintiff can not depend upon the weaknesses of defendants and he has to prove his case by adducing best evidence. As already discussed above since plaintiff failed to prove the boundaries of Ex.A1 and boundaries of plaint schedule are one and the same he can not claim any of his right over the land more than the extent covered under his Ex.A1 sale deed. Since as per Ex.A1 plaintiff purchased only Ac.0.31 cents he can not claim any of his right over more than that extent. If really plaintiff purchased Ac.0.50 cents of land from his vendor he has to prove the same by examining his vendor to prove the said fact. But plaintiff did not examine his vendor in support of his contention. Though plaintiff got examined only third parties to the suit they somehow admitted the case of the defendants that 4th defendant has been in possession and enjoyment of his land which is situated towards West of rastha which is shown as Eastern boundary of plaint schedule. Therefore, in veiw of the above mentioned circumstances, I am of the opinion that it is not safe to believe the contention of plaintiff that he purchased Ac.0.50 cents of land from his vendor and
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PJCJ/CDM 7 accordingly it can be said that plaintiff is not entitled to claim any reliefs under this suit for more extent than mentioned in the sale deed.
15.In the result, this suit is dismissed without costs.
Typed to dictation to the stenographer, corrected, signed and pronounced by me in the open court on this the 13th day of March, 2020.
PRINCIPAL JUNIOR CIVIL JUDGE
CHODAVARAM
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Plaintiffs : For defendants:
P.W.1: Jonnada RajaraoD.W.1: Adari Rama Krishna P.W.2: Palaka Arjuna RaoD.W.2: Sandrana Veeranna P.W.3: Pamu NagarajuD.W.3: Challapureddi Koteswara Rao @ Koti P.W.4: G.Kannababu
NUMBER OF DOCUMENTS MARKED
For Plaintiffs:
Ex.A1: Original Registered Sale Deed dated 19.05.1988
Ex.A2: Original Certificate with regard to deposit of title deed with society dated 16.05.2017
Ex.A3: Certified copy of 1B Register dated 11.05.2017
Ex.A4: Certified copy of Adangal/Pahani for the fasli dated 11.05.2017
Ex.A5: Land Revenue Receipt for Rs.500/ dated 02.06.2011
Ex.A6: Land Revenue Receipt for Rs.500/ dated 03.02.2016
Ex.A7: Land Revenue Receipt for Rs.100/ dated 06.05.2017
Ex.A8: Certified copy of the Judgment
Ex.A9: Certificate with regard to deposit of title deed book, dated 23.01.2019,
Ex.A10: Land Revenue Receipt for Rs.100/ dated 06.12.2018
Ex.A11: Certified copy of 1B Register dated 23.01.2019
For defendant:
Ex.B.1: Original GPA cum Agreement of sale dated 26.09.2016
Ex.B.2: Original Title deed in favour of 1st defendant
Ex.B.3:Original Pass book in favour of 1st defendant
PRINCIPAL JUNIOR CIVIL JUDGE
CHODAVARAM
O.S.187/2017
PJCJ/CDM 8
O.S.187/2017
PJCJ/CDM 9
Date of presentation : 16.08.2016Date of filing : 16.08.2016
IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE:: CHODAVARAM
Present: Sri. A.Krishna Prasad
Principal Junior Civil Judge,
Chodavaram
Wednesday, this the 25th day of July, 2018
ORIGINAL SUIT NO.71/2016
Between:
1. Kommana Venkata Ramesh, S/o Ramdas, Aged 54 years, Hindu, Cultivation & Employee, Hindustan Shipyard, Residing at Door No.39 10/6/133, Plot No.A1401, Vuda Apartments, Kalinganagar, Madhavadhara, Greater Visakhapatnam, Aadhar No.5626 9084 1455.
2. Kommana Vijayalakshmi, W/o Venkata Ramesh, Aged 50 years, Hindu, Cultivation, Rest do, Aadhar No.5918 9034 1060. …Plaintiffs
And:
1. Pendem Venkata Ramana, S/o Samudram, Aged 38 years, Hindu, Cultivation, Residing at A.Kothapalli village, Devarapalli Mandalam, Greater Visakhapatnam.
2. Pendem Sathibabu, S/o Samudram, Aged 34 years, Hindu, Cultivation, Residing at A.Kothapalli village, Devarapalli Mandalam, Greater Visakhapatnam.
3. Pendem Suryanarayana, S/o Samudram, Aged 28 years, Hindu, Cultivation, Residing at A.Kothapalli village, Devarapalli Mandalam, Greater Visakhapatnam.
4. Pendem Eswara Rao, S/o Appa Rao, Aged 45 years, Hindu, A.R.Police Constable, Residing at A.R.P. Colony Quarters, Kailasagiri, Greater Visakhapatnam. ….defendants
This suit is filed for grant of permanent injunction restraining the defendants, their men, servants and agents from ever interfering with the plaintiffs peaceful possession and enjoyment of the plaint schedule property and for costs.
This being a petition filed under Order 39 Rules 1 and 2 CPC., a fixed court fee of Rs.2/ is paid on the petition.
This suit is coming on 24.07.2018 before me for final hearing in the presence of S/Sri K.S.Ramaiah & M.S.Naidu, Advocates for the Plaintiffs and of S/Sri
S.Narasinga Rao & K.Satyanarayana, Advocates for defendants and that the same is having stood over for consideration till this day, this court doth order; and
D E C R E E
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(i)that the suit be and the same is hereby decreed, by granting permanent injunction restraining the defendants, their men, servants and agents from ever interfering with the peaceful possession and enjoyment of the plaintiffs over the plaint schedule property ;
(ii)that the defendants do pay to the plaintiff a sum of Rs.NIL towards costs of the suit.
Copy of schedule is enclosed herewith.
Given under my hand and the seal of the Court, this the 25th day of July, 2018.
PRINCIPAL JUNIOR CIVIL JUDGE
CHODAVARAM
Memorandum of costs
No costs memo is filed on either side.
PJCJ: CDM