1 O.S 78 of 2013
IN THE COURT OF THE PRINCIPAL JUNIOR CIVIL JUDGE,
AT JAGTIAL.
PRESENT:SRI AJAY KUMAR JADHAV,
JUNIOR CIVIL JUDGE METPALLI,
FAC: PRL.JUNIOR CIVIL JUDGE,
JAGTIAL.
Monday, the 22nd day of October, 2018
Original Suit No.78 of 2013
Between:
Nadimetla Bagyalaxmi, W/o Satyanarayana, age: 55 years, Occ: Household, R/o H.No.23201/1, Mochibazaar, Jagtial, Karimnagar District. ….Plaintiff. AND
Vavilala Ramesh, S/o Venkatesham, age: 45 years, Occ: Kirana shop, R/o H.No.534, Barathinilayam, Opp: Saibaba Temple, Govindpally, Jagtial Mandal.
...Defendant.
PLAINT FILED U/SEC.26 ORDERS IV & VII OF C.P.C
This suit coming on before me on today for final hearing in the presence of Sri D.Laxma Reddy, advocate for the plaintiff and Sri M.Mahendar, advocate for the defendant; having been heard and stood over for consideration to this day, the Court made the following:
:: J U D G M E N T ::
The suit is filed under Section 26 Orders IV and VII of Code of
Civil Procedure by the plaintiff against the defendant for grant of perpetual injunction in respect of suit schedule land, with costs.
2.The brief averments in the plaint are as follows:
The plaintiff is the owner and possessor of the land to an 2 O.S 78 of 2013 extent of 180.75 square yards in survey No.389, situated at Mothe shivar, which she along with her two brothers namely Chetpally
Sattaiah and Chetpally Vittal inherited from their mother namely late Chetpally Rajeshweri, who died on 21.02.2010, since then, they have been in peaceful possession and enjoyment over the suit schedule land after their mother’s purchase from Busarapu Lacham through registered sale deed bearing document No.1442/81, dated 12.05.1981 for consideration of Rs.1500/; that after the death of her mother, her two brothers executed the release deed bearing document No.1640/2012 dated 19.12.2012 in favour of plaintiff, since then, she is in continuous possession over the suit land, but the vendor of her mother name has been continued in revenue records, as she (plaintiff’s mother) did not apply for mutation before the revenue authorities concerned, but the plaintiff is in peaceful possession and enjoyment over the same. To substantiate her claim, she filed original sale deed document No.1442/1981, dated 12.05.1981.
It is her further submission that the defendant is a stranger to her and he is not having any land or property abutting to the suit property, without having any right over the property, he is illegally interfering into the peaceful possession and enjoyment over the suit schedule property and he is trying to dispossess her over the same, finally, prevented his attempts with great difficulty. Therefore, she 3 O.S 78 of 2013 moves the court for remedy. Hence, the suit.
3. The brief averments in the writtenstatement of defendant are as follows:
Defendant denied all allegations made in the plaint are false.
The admitted facts are that originally the suit survey No.389 is consisting of several byenumbers and the entire extent of said suit survey number is about 200 acres; that one Brahandabheri
Thirupathi Venkat Narsaiah, being pattadar and possessor, having his own land in survey No.389, for his legal necessities, sold away to one Chiluka Anjaneyulu through registered sale deed No.1230 of 1994 dated 13.07.1994, who, in turn, sold away the same to one
Vurugonda Linga Reddy, R/o Govindpally village of Jagtial Mandal through registered sale deed No.712 of 1997 dated 21.04.1997, after his death, his wife – Vurugonda Devika and son – Vurugonda
Krishnareddy have succeeded the said property, later, they also sold away 142.22 square yards of land in survey No.389, situated at
Mothe village to Gadipelli Mallesham and Gadipelli Vodamma, both are R/o Nerella village of Dharmapuri Mandal through registered sale deed No.2896 of 2001 dated 12.12.2001 and again they sold away the same to one Metta Narsinga Rao, who is the vendor of defendant, who sold away the same to defendant for valid consideration through registered sale deed No.2185 of 2011 dated 02.06.2011 and accordingly, he delivered the possession to 4 O.S 78 of 2013 defendant, since then, he is in continuous possession.
It is his further submission that he applied before the Tahsildar,
Jagtial and obtained mutation proceedings in his favour vide proceedings No.B/4060/2011 dated 22.11.2011 and accordingly his name is mutated as pattadar and possessor in respect of schedule land in pahani records by entering his name, he, with an intention to construct a house in it, excavated a borewell on 04.06.2013, got obtained electricity service connection on his name vide service No.433111001036236, dug pillar points and laid cement concrete for construction therein and he applied an application before Grampanchayat for permission of his proposed house, meanwhile, plaintiff raised illegal objections before grampanchayat concerned and she did not file linkdocuments to establish her title over it and defendant filed true copy of pahani for the year 201213 along with Xerox copy of registered sale deeds and original payment receipt issued by electricity department and original mutation proceedings. Therefore, he prays the court to dismiss the suit.
4.Basing on the pleadings of both parties, the following issues are settled for trial.
1. Whether the plaintiff is entitled for relief of perpetual injunction, as prayed?
2. To what relief?
5.During the trial, P.Ws.1 and 2 were examined on behalf of the 5 O.S 78 of 2013 plaintiff, got marked Ex.A.1 to Ex.A.7 exhibits. On behalf of the defendant, defendant and another were examined as D.Ws.1 and 2 and got marked Ex.B.1 to Ex.B.8 documents.
6.On closure of the evidence, heard arguments of both sides.
ISSUE NO.1:
7.P.W.1 filed chiefexaminationaffidavit stating that she is the owner and possessor of land to an extent of 180.75 square yards in survey No.389, situated at Mothe shivar, which she along with her two brothers inherited from their mother, who died on 21.02.2010, during her life time, their mother purchased the suit schedule land from Busarapu Lacham through registered sale deed for consideration, her two brothers executed release deed in her favour, since then, she has been in continuous possession, but the vendor of her mother name is continued in revenue records and they (plaintiff and her mother) did not apply for mutation in revenue records and to substantiate her claim, she got filed documents marked as Ex.A.1 to Ex.A.7.
It is her further contention that the defendant is a stranger and he has no land adjacent to her land, but he is trying to grab her land, by illegal means, and he is trying to dispossess her over the plaint schedule property, at last, she prevented his illegal attempts, hence, she prays the court to decree the suit, with costs.
6 O.S 78 of 2013
P.W.2 also filed chiefexamination affidavit reiterating the same contents stated by P.W.1, as such there is no need for reiteration of same contents. The learned defence counsel cross examined P.W.1, wherein, she discloses that she did not know the survey number of suit, adding that she knows only the extent of suit land, but the same is not revealed in her evidence. P.W.1 further deposed that she knew the boundaries to the suit land. She filed death certificate of her mother, at the time of filing of suit, a document which was executed in the name of her mother pertains to purchase of suit land, registered sale deed executed by her younger brothers. It is an admitted fact that her name was not entered into any pahanies pertaining to the suit land and she is not aware of the fact that against whom she filed a suit, but adding that on a vyshya caster person, who dug pits around the suit land and dug a borewell in it and obtained electricity connection for it. She admitted that at the time of filing of suit, defendant is in possession of suit land. She further deposed that she does not remember the name of original pattadar of land in survey No.389. P.W.1 further deposed that she does not know whether the said Brahmandaberi
Thirupathi Venkatanarsaiah sold the sit land to one Chiluka
Anjaneyulu through registered sale deed and who in turn sold it to
Vorangandla Lingareddy, through registered sale deed and after his demise, his wife and children succeeded the suit land, who in turn sold 142.22 square yards in survey No.389 to one Gadipelli 7 O.S 78 of 2013
Mallesham, through registered sale deed, who in turn sold the same to Metta Narsingarao through registered sale deed, who in turn sold it to defendant through registered sale deed. P.W.1 is not aware of the fact that whether defendant applied for mutation of suit land on his name and accordingly the Tahsildar, Jagtial issued mutation proceeding in his (defendant) name and his name was entered in pahanies tilltoday, basing on it, he dug a borewell and trenches in the suit land, he obtained electricity service connection, by paying electricity charges tilltoday. P.W.1 admitted that she previously raised objection, except that nothing is elicited in favour of plaintiff.
8.P.W.2 deposed that P.W.1 is his elder sister. He deposed that the suit land is situated at Govindpalli village, the land to an extent of 181 square yards in survey No.389. It is elicited from the evidence of both P.W.1 and P.W.2 in regard to boundaries of suit land is incorrect. It is an admitted fact from the evidence of P.W.2 that defendant dug a borewell in the suit land. He further says that he came to know that the defendant purchased the suit.
Admittedly, the defendant was in possession of suit land, as on the date of filing of suit, dug a borewell in it, obtained electricity service connection and fixed a motor to the borewell, he applied for permission for construction of a house in it, then, P.W.1 raised objection for it. P.W.2 also reiterated the same contents as alleged by P.W.1 during crossexamination with regard to earlier purchase 8 O.S 78 of 2013 and sale of suit land from one person to another through registered sale deed.
9.In this case, P.W.1 filed Ex.A.1 to Ex.A.7 document, according to him, they are relevant documents. Ex.A.1 is the original registered sale deed vide document No.1442/1981, dated 12.05.1981, executed by Boosarapu Lacham in favour of Chatpalli
Rajeshwari, who is the purchaser herein and she is the mother of plaintiff. During crossexamination, P.W.1 discloses the boundaries and on perusal of Ex.A.1, there is a distinction particularly on western side, it also differentiates on western side in the evidence of
P.W.2. It is a matter of fact that there is a distinction in the evidence of both P.W.1 and P.W.2 in regard to boundaries mentioned (on west) in Ex.A.1 as well as in their crossexamination. On perusal of
Ex.A.1, it discloses that the agreement in between the purchaser and vendor, which is not in dispute, but in case of boundary, the dispute arises. Ex.A.2 is the original deed of release vide doc.No.6040/2012, dated 19.12.2012, which discloses that the plaintiff’s two brothers executed the same in favour of P.W.1, is not disputed. On perusal of Ex.A.3 is the certified copy of pahani for the year 198485, Ex.A.4 is the certified copy of pahani for the year 199091, Ex.A.5 is the certified copy of pahani for the year 200304,
Ex.A.6 is the certified copy of pahani for the year 200405, disclosing that the names of pattadars with byenumbers in suit 9 O.S 78 of 2013 survey No.389, mentioned thereof and Ex.A.7 is the certified copy of encumbrance certificate, which is of no dispute in case of boundaries in relation to Ex.A.1.
10.D.W.1 filed chiefexaminationaffidavit stating that plaintiff filed suit against him by showing wrong boundaries and filing fictitious documents in order to knock away his land. He contended that the survey No.389 is consisting of byenumbers and the extent of suit survey number is 200 acres. D.W.1 has already averred in his writtenstatement and most of them are covered in his chiefexamination, as such there is no necessity to elucidate over and over again. Coming to the crossexamination of D.W.1 is that he has been residing at Jagtial for the past 15 years, the suit survey number is 389 and the total extent of land in survey No.389 is 200 acres of land approximately. He further deposed that he purchased the land of 142 square yards. He discloses that he did not obtain any permission from grampanchayat for construction of his house, but he applied for that permission, he added and he also deposed that he did not obtain any permission from the Mandal
Revenue Officer for digging of borewell, except that nothing is elicited.
11.D.W.2 filed his chiefexamination affidavit contending that
D.W.1 is the owner and possessor of land to an extent of 142.22 square yards in survey No.389, situated at Mothe shivar, which 10 O.S 78 of 2013
D.W.1 purchased from its original owner – Metta Narsinga Rao for valid consideration through registered sale deed, he is attesting witness of the said document, accordingly, the name of D.W.1 was entered in revenue records as owner and possessor in respect of the same, D.W.1 dug borewell, applied for permission to construct a house and also obtained electricity connection to his borewell and paying its charges regularly.
D.W.2 was crossexamined by the defence counsel, wherein, he deposed that D.W.1 is his soninlaw, who purchased the suit land from Narsingarao, but he does not say the vendor of
Narsingarao. He further deposed that he does not know the extent of land in suit survey number, but the suit land is one gunta or odd, except that nothing is elicited.
12.D.W.1 filed as many eight relevant documents are concerned.
Out of them, Ex.B.1 is the original mutation proceedings issued by
Tahsildar, Jagtial dated 22.11.2011, which goes to show that D.W.1 purchased the land to an extent of 142.22 square yards from one
Metta Narsingarao through registered document vide doc.No.2185/2011, dated 02.06.2011 and the Tahsildar, Jagtial issued proceedings No.B/4060/2011, dated 22.11.2011. It clearly establishes that after his purchase, he was got issued mutation proceedings, which is sufficient to prove that he purchased the said land from its original owner and after his purchase; he got mutated in revenue records. Ex.B.2 is the original payment receipt issued 11 O.S 78 of 2013 by electricity department, dated 17.10.2013, which reveals that the
Service connection is standing in the name of D.W.1. Ex.B.3 is the attested copy of registered sale deed vide doc.No.1230/1994, dated 13.07.1994 go to show that Chiluka Anjaneyulu purchased from
Brahmandabheri Thirupathi Venkat Narsaiah, after that he sold away the same to one another is not disputed. Ex.B.4 is the attested copy of registered sale deed vide doc.No.712/1997 dated 21.04.1997, which discloses after his purchase, he died and his legal representatives sold it to one another. Ex.B.5 is the original registered sale deed vide document No.2896/2001, dated 12.12.2001 is executed by Vurugonda Devika and Vurugonda
Krishna Reddy in favour of Gadipelli Mallesham and Gadipelli
Vodamma is not disputed. Ex.B.6 is the original registered sale deed vide doc.No.6244/2010, dated 07.12.2010 is executed by
Gadipalli Mallesham and Gadipalli Vodamma in favour of Metta
Narsinga Rao, is of no dispute. Ex.B.7 is the original registered sale deed vide doc.No.2185/2011, dated 02.06.2011 is executed by
Metta Narsinga Rao in favour of Vavilala Ramesh is of no dispute.
Ex.B.8 is the original electricity bills and payment receipts from the years 2013 to 2015 which disclose that he was got issued service connection, basing on his application. On perusal of Ex.B.3 to
Ex.B.7 go to show that the suit land is sold away from one person to another, but there is dispute at all on account of purchase as well as sale, which have been clearly reflected on its documents.
12 O.S 78 of 2013
13.It is seen from the records of both parties, it clearly establishes from the evidence of P.W.1 that she knows only the extent of suit land, but she neither stated the extent possessed nor survey number mentioned in her chiefexamination affidavit. From the evidence of P.W.1, it is noticed that there is a boundary dispute, particularly on western side and she is not aware of the fact that against whom she filed suit, is not explained. P.W.1 admitted that
D.W.1 dug a borewell, got issued electricity connection and he is in possession, on the date of filing of suit. P.W.1 even did not say the name of original pattadar of land in survey No.389. In her evidence, there are omissions, contradictory statements and vague answers are found to be unsatisfactory. From the evidence of P.W.2 that he does not know whether the name of P.W.1 was entered in revenue records or not and he did not state clearly the northern boundary, as per Ex.A.1. Ex.A.3 to Ex.A.6 does not helpful to P.W.1, in all aspects. It is from the evidence of D.W.1 that he purchased the land to an extent of 142 square yards, Ex.B.1 discloses the same.
Ex.B.2 and Ex.B.8 also establishes that he has been paying electricity charges to the department concerned regularly. Ex.B.3 to
Ex.B.7 discloses that the suit land is changing from one hand to another by way of sale, which are not disputed. Ex.B.1 is enough to strengthen his case that D.W.1 purchased from Metta
Narsingarao and after his purchase he was got mutated in revenue 13 O.S 78 of 2013 records and his name has been appearing as original owner and possessor which is supported by D.W.2 is believable.
14.In view of my discussion mentioned supra, I am of the considered opinion that the plaintiff failed to establish his ownership and possession over the property mentioned thereof, when she failed to establish the title over the schedule mentioned property, naturally, she is not entitled for the relief of possession.
Accordingly, the point No.1 is answered in favour of defendant and against the plaintiff.
ISSUE NO.2:
There are no merits or bona fides much less valid grounds to allow the suit and the suit is meritless and it is liable to be dismissed.
15.In the result, the suit is dismissed, without costs.
Dictated to the Stenographer, transcribed by him, corrected
and pronounced by me in the open Court on this day the 22nd day of October, 2018.
FAC: PRINCIPAL JUNIOR CIVIL JUDGE,
JAGTIAL.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR THE PLAINTIFF
P.W.1: Nadimetla Bagyalaxmi, P.W.2: Ch.Sathaiah.
FOR THE DEFENDANTS
D.W.1: V.Ramesh, D.W.2: B.Sattaiah.
14 O.S 78 of 2013
EXHIBITS MARKED
FOR THE PLAINTIFFS: Ex.A.1:Original registered sale deed vide doc.No.1442/1981,
dated 12.05.1981.
Ex.A.2:Original deed of release vide doc.No.6040/2012,
Dated 19.12.2012.
Ex.A.3:CC of pahani for the year 198485. Ex.A.4:CC of pahani for the year 199091. Ex.A.5:CC of pahani for the year 200304. Ex.A.6:CC of pahani for the year 200405. Ex.A.7:Certified copy of encumbrance certificate.
FOR THE DEFENDANTS
Ex.B.1:Original mutation proceedings issued by Tahsildar, Jagtial, dated 22.11.2011. Ex.B.2:Original payment receipt issued by Electricity Department, dated 17.10.2013. Ex.B.3:The attested copy of registered sale deed vide doc.No.1230/1994m dated 13.07.1994. Ex.B.4:The attested copy of registered sale deed vide doc.No.712/1997, dated 21.04.1997. Ex.B.5:Original registered sale deed vide doc.No.2896/2001,
Dated 12.12.2001.
Ex.B.6:Original registered sale deed vide doc.No.6244/2010,
Dated 07.12.2010.
Ex.B.7:Original registered sale deed vide doc.No.2185/2011,
Dated 02.06.2011.
Ex.B.8:Original electricity bills and payment receipts from the years from 2013 to 2015, total (22) in number.
FAC: PRINCIPAL JUNIOR CIVIL JUDGE,
JAGTIAL.