IN THE COURT OF THE XIX JUNIOR CIVIL JUDGE, CITY CIVIL COURT
HYDERABAD
THURSDAY THIS THE 6th DAY OF APRIL, 2017
PRESENT : SRI AZHAR HUSSAIN,
XIX JUNIOR CIVIL JUDGE
OS.No.1561 of 2013
Between:
1. Smt. C. Sarada, W/o. Chintha Hanumandas, aged about 72 years, Occ : House wife, R/o.H.No.2218/18/4/14A, D.D.Colony, Bagh Amberpet, Hyderabad.
2. Sri. Chintha Hanumandas, S/o. Late Srinivas Rao, aged about 76 years, R/o.H.No.2218/18/4/14A, D.D.Colony, Bagh Amberpet, Hyderabad.
...Plaintiffs
A N D
1. Sri. P. Yadagiri, S/o. Soma Narsaiah aged about 48 years, Occ : Business, R/o.H.No.989/3, Udaya Nagar Colony, Boduppal, Hyderabad.
2. Sri. Ch. Rajesham, S/o. C.Chandraiah, aged about 52 years, Occ : Business, R/o.H.No.11251010/1, Kothawada, Warangal.
3. Sri. Talloju Venkata Chary, S/o. T. Narahari, aged about major, R/o.H.No.311/2, MCH Colony, Amberpet, Hyderabad. …Defendants
This suit is coming before me for final hearing in the presence of Sri. R. Rajendra Prasad, Advocate for the Plaintiffs and Sri. N. Gyaneshwar, Advocate for the Defendant No.1 and Smt. N. Kamala, Advocate for the Defendant No.2 and the matter having stood over for consideration till this day, this Court delivered following:
J U D G M E N T
1.This is a suit for perpetual injunction restraining the defendants, their agents, legal heirs, representatives, assignees, administrators or persons claiming through the defendants, from interfering with the peaceful possession and enjoyment of the plaintiffs, over the suit schedule premises without due process of law.
The brief averments in the plaint are as follows :
2.The plaintiff No.1 and plaintiff No.2 are wife and husband. The plaintiff
No.1 is the owner of the House bearing No.2218/18/4/14A, admeasuring
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150 Sq.yards, consisting of House with Ground + 2 floors, situated at
D.D.Colony, Bagh Amberpet, Hyderabad. Both the plaintiffs are in peaceful possession and enjoyment over the suit schedule property being residents of the same, since more than 20 years. The plaintiff No.2 along with Sri. Ranga
Venkateshwar and Sri. A. Naayana Reddy were appointed as GPA of Sri.
Rasala Balaiah, Sri. Bakka Pentaiah and Sri. Totakura Yellaiah in respect of
Ac.720 gts of land, situated at Chengicherla village and Gram Panchayat,
Ghatkesar Revenue Mandal, of Ranga Reddy District, vide registered document No.484/IV/90 dated 21081990. The said land was converted into plots and subsequently sold to intending purchasers and plaintiff No.2 executed some sale deeds in favour of intending purchasers on behalf of original owners in pursuance of the GPA dated 21081990. Defendant No.3 also claims to have purchased a plot in Chhengicherla village and Gram
Panchayat, Ghatkesar Revenue Mandal, R.R.District, through plaintiff No.2 along with the other GPA holders on behalf of the original owners.
3.The registered GPA was executed in the year 1990 and the plaintiff No.2 is only one of the G.P.A. holder and moreover, the GPA was executed only for a limited purpose of registration on behalf of the original owners. More over, the defendants purchased the plots more than 10 years ago. The defendant
No.3 has also got issued a legal notice dated 30072008 threatening to take criminal action against the original owners and the GPA holders and the plaintiff No.2 has also got issued a suitable reply notice dated 19082008.
The defendants after lapse of 10 years have been claiming that the plaintiffs have sold them plots, without proper title and started harassing the plaintiffs to compensate their loss. The plaintiff No.2 has explained to the defendants
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that he is only one of the GPA holder to the original owners and he has no personal interest over the sale transactions, but the defendants are adamantly approaching the plaintiffs at their residence over the suit schedule property and disturbing the plaintiffs in their peaceful possession and enjoyment of the suit schedule property without any valid reason.
4.The defendants have started coming to the suit schedule property wherein the plaintiffs reside and creating nuisance, by breaking the articles and threatening the plaintiffs that they will throw the plaintiffs from out of the suit schedule house if the plaintiffs do not compensate them for the alleged loss suffered. The plaintiffs are senior citizens aged around 70 years and due to their age related ailments they are having low visibility and hearing problems and mostly depend upon their children for their day to day needs.
5.On 09082013, the defendants came to the suit schedule premises along with some persons claiming to be the wellwishers of the defendants and started demanding the plaintiffs to compensate for the alleged loss suffered by them, because of purchasing the plots and threatened the plaintiffs that if they do not hear from the plaintiffs within one week, they shall come back again and occupy the suit schedule property. In pursuance of their threat, again the defendants on 11082013, came to the suit schedule premises and tried to enter into the suit premises, but the plaintiffs with great difficulty and with the aid of neighbours, resisted the illegal approach of the defendants and the defendants left the suit schedule premises threatening that they will come again and again and throw the plaintiffs and the furniture from the suit schedule premises, if the plaintiff do not meet their demand. The plaintiffs have also approached the local police seeking protection from the
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threat of the defendants, but the police have advised the plaintiffs to approach the concerned civil court stating that the same is a civil dispute.
6.The plaintiffs have continuously in peaceful possession and enjoyment of suit schedule premises without any interference and the defendants who have no right whatsoever in respect to the suit schedule property and without considering the age of the plaintiffs are interfering in the day to day affairs of the plaintiffs over the suit schedule premises. In view of the facts and circumstances, the plaintiffs being law abiding citizens have become helpless and left with no other option have approached this court, by way of this suit.
The defendant No.1 filed a written statement contending as
follows :
7.The plaintiffs being husband and wife have conspired together, in order to cause wrongful loss to the defendants, both monitarly as well as to the property purchased by this defendant by playing fraud. The allegations leveled against the defendant No.1 are purely created for the purpose of this case and are baseless and the same are framed on false grounds, taking undue advantage of this defendants.
8.The defendant No.1 came to know about the actual facts only after obtaining the certified copies of the documents from the meeseva center. The plaintiffs being the GPA holders of the original Pattedars, have sold the plots to different buyers among, whom this defendant is also one of the aggrieved party, whose plot was sold to different persons by registering the plot giving some rectification inconnection with mentioning of survey numbers, and also
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boundaries column, which shows the dishonest intention of them in doing so having, full knowledge about the facts. This defendant No.1 purchased the plot to the extent of 200 Sq.yards vide plot No.262 from Ch.Rajesham vide document NO.6469 of 2003 in survey No.33/2, Chengicherla Ghatkesar
Mandal, R.R.District. Later on, it was learnt from the reliable sources and also from the record available with the SubRegistrar, Uppal, R.R.District, that these relevant documents have been obtained by making application from
SubRegistrar Uppal and also from meeSeva Center. The very first document i.e., document NO.451/1987 is the General Power of Attoney, dated 3112 1987 registered with the office of the SubRegistrar Uppal, R.R.District. The second document No.1204/1988 is the true copy of Sale Deed, dated 2702 1988, which was executed by J. Pentaiah, T. Yellaiah, R. Balaiah in favour of one K. Satyanarayana, S/o. K. Tirupathaiah, represented by GPA vide document No.451 of 1987 in Survey No.32/2 Chengicherla. The Document
No.484 of 1990, dated 21081990 is the irrevocable GPA appointed by
R. Balaiah, B. Pentaiah and T. Yellaiah. The 4th document is the sale deed
dated 28112001 vide document NO.7083/2001 executed in favour of
C. Saraddaha, W/o. C. Hanuman Das. Again another sale deed was executed by C. Sharada in favour of Ch. Rajesham vide document No.739/2003 for the plot No.262 extent 200 Sq.yards, dated 27012003. Subsequently, a rectification deed in document No.989/2003, dated 31012003 was executed by C. Sharadha in favour of Ch. Rajesham and in favour of this defendant No.1 vide document No.6469 of 2003, dated 17062003 in Survey No.33/2. Later on, a rectification was made by way of declaration deed by one K.
Satyanarayana on 252013. Another document was also executed to the sale deed in document No.1204 of 1988, dt.27021988 which is the Principal
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Deed wherein J. Pentaiah and others represented by G.P.A holder are shown and by mentioning of survey number 32/2, survey No.33/2. Finally, this defendant also obtained statement of Encumbrance on the property and came to know the clear picture of the said property as to how the plaintiff with dishonest intention has sold the plots to different persons while making deliberately as a typographical mistake and subsequently brought into existence the Rectifications before the concerned SubRegistrar office which creates a suspecision in the mind of this defendant.
9.From the list of documents filed by the plaintiff, this defendant No.1 came to know that, there is one legal notice issued from the office of D.
Goverdhana Chary, Advocate dated 30072008 addressed to R. Balaiah and
Seven others and at the 8th place, is the plaintiff No.2, regarding the sale of lands, situated in Sy.No.33/2, through r. Balaiah and others being the purchasers and GPA Holders in Chengicherla Mandal sold to T. Venkatachary, second time. In the reference columns 1 to 6, are the documents executed by
R. Balaiah and others through defendant No.3. In the same survey numbers and extents of the land is 200 Sq.yards, which was sold to one P. Venkatesham and other of the legal notice are drawing adverse inference against the original pattedhars and the plaintiff No.2 and the same was also marked to the
Commissioner of Police, Cyberabad, Asst. Commissioner of Police, Uppal and also to SHO, Uppal, Ghatkesar Police Stations, for necessary action. A reply notice was also issued from the office of Durga Reddy Kirankath reddy,
Advocates dated 19082008 to M/s. D. Govardhana Chary Advocate, wherein the entire contents of the notice were denied and further it was advised not to make false allegations to the parties and to avoid false allegations in this
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regard.
10.It is not within the knowledge of this defendant whether the plaintiffs 1 and 2 are the owners of the suit property and that they are in peaceful possession of the same since 20 years. This defendant is not aware with regard to plaintiff No.2 and two others were appointed as GPA of R. Balaiah,
B. Pentaiah and C. Yellaiah in respect of Ac.720 gts of land at Chengicherla village, and with regard to conversion of land and setting the same to intending purchasers by plaintiff No.2 on behalf of original owners in pursuance of GPA dated 21081990. It iis also not within the knowledge of this defendant and also defendant No.3 claiming to have purchased a plot in the same venture through plaintiff No.2 along with GPA Holder, on behalf of the original owner.
11.The defendant No.1 is not concerned with issuance of legal notice by defendant No.3 and issuance of reply notice by plaintiff No.2. It is denied that after lapse of 10 years, the GPA holder of plaintiff No.2 was setting the plots to this defendant and it is far from truth. There is a clause mentioned in the sale deed that if anything goes wrong with regard to title and possession of the properties, sold by the vendors in favour of vendors, they have to compensate for it, and it was within the knowledge of plaintiff. The GPA Holder cannot say that they have no personal interest and they have to take the above responsibility on behalf of the owners.
12.There was no occasion for this defendant to approach the plaintiff at their residence and create disturbance and the said allegations is false and denied. It is denied that the defendant were frequently visiting suit property
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and disturbing possession of plaintiff over suit property, and that they threatened to compensate the loss and these allegations are created for this false suit.
13.The plaintiff has suppressed the fact of filing the suit before the 1st
Junior Civil Judge, R.R.District in OS.No.728/2010 against defendant No.3 and also filing of written statement by Defendant No.3 in that suit. There is no cause of action for the plaintiff to file the present suit and it is liable to be dismissed.
The defendant No.2 filed his written statement contending as
follows :
14.The entire plaint averments are false, misleading and misconceived.
The suit is liable to dismissed as there is no cause of action. The suit is product of fraud prayed by plaintiff with active collusion of the principals and other land grabbers.
15.This defendant has no knowledge about the plaintiff being owners and possessors of the suit land for 20 years, and also about the plaintiff No.2 along with two others, as GPA of original owners have converted the lands into plots and sold them to intending purchasers, and about Defendant No.3 purchasing a plot at Chengicherla, through plaintiff No.2, and came to know about the same by this defendant only after receiving suit papers. In fact, this defendant has purchased an open Plot No.262 to an extent of 200 Sq.yards through document No.739/2003 from plaintiff No.1, that later he sold the same to defendant No.1 vide document No.6469/2003 dated 17062003 and defendant No.1 is enjoying the same. It is absolutely false to say that the
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registered GPA was executed in 1990 and plaintiff No.2 is the only one GPA
Holder. The plaintiffs with active collusion of original owners and other GPA
Holders hatched a plan to cause loss to the defendant. This defendant has no knowledge that Defendant No.3 got issued legal notice dated 30072008 threatening to take criminal action against the original owners and GPA
Holders and about plaintiff No.2 issuing reply notice dated 19082008. The defendant is an innocent purchaser, and by seeing the averments and documents, it is clear that the plaintiffs played fraud.
16.It is denied that the defendants have started coming to the suit property and creating nuisance, by breaking the articles and threatening the plaintiff that they would thrown him out of it, if the plaintiffs do not compensate them for the alleged loss suffered. These allegations are created for the purpose of this false suit. It is absolutely false to state that on 09082013, the defendants came to the suit premises along with some persons claiming to be the wellwishers of defendant and demanded the plaintiff to compensate for the alleged loss suffered by them, and that again on 11082013, they came and tried to interfere with his possession and the said allegations are created for this false suit. It is false to allege that the defendants have no right whatsoever with respect to suit property and that they are interfering with the day to day affairs of plaintiffs. The cause of action shown in the plaint is misconceived and false and there was no cause of action on 09082013 and 11082013 to the plaintiff.
17.A bare reading of plaint and documents filed by plaintiff show that the plaintiffs filed the present suit to make their illegal activities as a legal activities, by abusing the process of law. The defendant reserves right to take
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civil and criminal proceedings against the plaintiffs for fraud and criminal activity. The suit is misconceived, undervalued and not within limitation, and this court has no jurisdiction to entertain the suit. Hence, the suit is liable to be dismissed with costs.
The defendant No.3 filed his written statement contending as
follows :
18.The plaintiff No.2 is said to have been appointed as GPA holder vide document No.484/1990 dated 21081990 in respect of Sy.No.33/2, where as
M/s. Syed Azam and B. Narayan Reddy, have executed a GPA in favour of
M/s. A. Narayana Reddy and Chintha Hanuman Das (plaintiff No.2) vide document No.1207/1991 dated 13111991, by virtue of which, the second plaintiff sold the plots to different individuals, whereas, the said plot Nos.289 and 289/A in Sy.No.33/2 in favour of Defendant No.3 vide document
No.2824/2001 dated 20062001, which was subsequently found that one of the two plots viz., 289/A (200.00 Sq.yards) was sold to one P. Venkatesham and suppressing the same, plaintiff No.2 sold the property to defendant No.3, and having known that defendant No.3 was cheated, he got issued a legal notice on 30072008 and later lodge in Uppal PS on 04082009, when plaintiff No.2 came forward for an amicable settlement sensing trouble but latter he backed out. The allegations that the defendants created nuisance at the suit property etc., are all false and created for the purpose of this false suit.
This defendant never threatened the plaintiff nor interfered in their possession of the property. The fact is that plaintiff No.2 having cheated, the defendant
No.3 is finding ways and means of hiding from long arm of law, as plaintiff
No.1 at instance of plaintiff No.2 filed OS.No.728/2010 on the file of 1st Junior
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Civil Judge, Ranga Reddy both against Defendant No.3 and his wife and some
other persons and later withdrawn it. The dates of cause of action as mentioned in the plaint are fictitious and created for the purpose of this suit.
Hence, the suit is liable to be dismissed with costs.
19.On the above rival pleadings of the parties, the following issues are settled for trial :
1. Whether the plaintiff is entitled for perpetual Injunction as prayed for ?
2. To what relief ?
20.During trial, the plaintiff examined himself as PW1 and got marked
Ex.A1 to Ex.A7 documents on his behalf.
21.On the side of defendants, the defendant No.1 is examined himself as
DW1 and defendant No.3 is examined as DW2 and through him Ex.B1 to
Ex.B3 documents are marked.
ISSUE NO.1:The case of plaintiffs is that they are the owners and possessors of suit property house bearing No.2218/18/4/14A, admeasuring 150 Sq.yards consisting of house with ground + 2 floors at D.D.Colony, Bagh
Amberpet, Hyderabad, since 20 years, that plaintiff No.2 who is husband of plaintiff No.1 along with one Ranga Venkateshwar and A. Narayana Reddy were appointed as GPA holders of R. Balaiah, Bakka Pentaiah and Totakura
Yellaiah, who are owners of land measuring Ac.720 gts at Chengicherla village, that later they converted the said land into plots and sold to intending purchasers on behalf of original owners, that defendant No.3 claiming to have purchased a plot in the said village, through plaintiff No.2, that after ten years laps, the defendants are claiming that plaintiff No.1 and plaintiff No.2 have
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sold plots to them without proper title and started harassing and then to compensate the loss, that when the plaintiffs did yield to their pressure, they are interfering with the peaceful possession of the suit property, which belongs to the plaintiffs and that hence they filed the present suit.
22.The case of the defendants is that, the plaintiff No.2, who is husband of plaintiff No.1 in collusion with original owners sold a plot to defendant No.1 and defendant No.3 that later, the defendants came to know that there was defect in title of the said plots, that when defendant No.3 got issued a legal notice to plaintiff No.2, to take criminal action against him for selling the plot by cheating them, the plaintiffs to escape from the criminal liability got filed this suit with all false allegations.
23.As stated above, to prove his case, the plaintiff No.1 examined herself as
PW1. In her chief affidavit examination, she swears to the facts of the plaint case. During her further chief examination, PW1 got marked Ex.A1 to Ex.A7 documents. Ex.A1 is the Electricity Bill and it stands in the name of plaintiff
No.1 for Rs.1100/ dated 10062013 (3 bills). Ex.A2 is the demand notices
dated 08022010 (4 notices) issued by Electricity Department. A perusal of
Ex.A2 show that the plaintiff No.1 in whose name the connection stands was directed to pay the Bill amount. Ex.A3 are three receipts issued by Rajiv
Citizen Services dated 06022010.. A perusal of Ex.A3 show that those receipts were in respect of suit property and are in the name of plaintiff No.1.
Ex.A4 is the bill issued by BSNL dated 05032010 for Rs.1099/ in the name of plaintiff No.1 in respect of Telephone Connection at the suit premises.
Ex.A5 are the photos of the suit property. Ex.A6 is office copy of Legal notice got issued by Defendant No.3 to plaintiff No.2. Ex.A7 is the reply notice dated
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19082008 got issued by plaintiff No.2 to defendant No.3. PW1 has been cross examined at length by the counsel for defendants, but except suggesting that she filed this false suit in order to prevent the defendants from coming to their house, to question her husband, who cheated them, nothing is elicited, about possession of suit house of plaintiff No.1 over the suit property. In fact, the evidence of PW1 remained unchallenged with regard to her possession of suit property. The suggestion given to this witness that to avoid the defendants from coming to their house, itself indicates that the defendants were going to the house of plaintiff and interfering with her possession over suit property. Further, a perusal of the oral evidence of PW1 and the documentary evidence reveal that as on the date of suit, the plaintiff No.1 is in possession of the suit property.
24.As against the above evidence of plaintiff, the defendant No.1 examined himself as DW1 and defendant No.3 as DW2. DW2 during his examination got marked Ex.B1 to B3 documents. Though both DW1 and DW2 in their chiefexamination reiterated, their version as stated by them in their written statement, in their crossexamination, they admitted that the plaintiff No.2 purchased the plot No.262 though GPA document No.484/1990, that he had knowledge at the time of purchase that the said plot was registered twice.
They further admitted that in respect of the same, the filed criminal case against plaintiff No.2 and later got the matter settled in Lok Adalath by receiving compensation.
25.Ex.B1 is certified copy of sale deed under which defendant No.3 purchased a plot from plaintiff No.2. Defendant No.3 as DW2 in his cross examination admitted that under Ex.B2, the plaintiff No.2 is only a GPA
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holder, but not the owner of the plots.
26.Thus from the above evidence of DW1 and DW2, it is evidence that they have been harassing and interfering with the peaceful possession of plaintiffs over their house at the suit property, to extract money on the ground that plaintiff No.2, who is husband of plaintiff No.1 cheated them by selling a defective title plot. Hence, in the circumstance, the plaintiff is entitled for perpetual Injunction as prayed for.
27.Since, the plaintiff by examining herself as PW1 and marking Ex.A1 to
Ex.A7 has proved that the plaintiffs are owners and possessors of suit property and that the defendants are interfering with their possession, the plaintiff is entitled for perpetual injunction as prayed for.
In the result, the suit is decreed as prayed for and a decree is passed in favour of the plaintiffs, restraining the defendants, their agents, legal heirs, representatives, assignees, administrators or persons claiming through them from interfering with the peaceful possession and enjoyment of the plaintiffs over the suit property. There shall be no order as to costs.
Typed to my dictation by the personal assistant, corrected and
pronounced by me in the open Court on this the 6th day of April, 2017.
XIX JUNIOR CIVIL JUDGE
CITY CIVIL COURT, HYDERABAD
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Plaintiff: For Defendants: PW1 : Smt. C. Sarada (plaintiff No.1) DW1 : P. Yadagiri DW2 : T. Venkata Chary
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Documents marked on behalf of Plaintiff : Ex.A1 is the Electricity Bill and it stands in the name of plaintiff No.1 for Rs.1100/ dated 10062013 (3 bills). Ex.A2 is the demand notices dated 08022010 (4 notices) issued by Electricity Department. Ex.A3 are three receipts issued by Rajiv Citizen Services dated 06022010.. Ex.A4 is the bill issued by BSNL dated 05032010 for Rs.1099/ in the name of plaintiff No.1 in respect of Telephone Connection at the suit premises. Ex.A5 are the photos of the suit property. Ex.A6 is office copy of Legal notice got issued by Defendant No.3 to plaintiff No.2. Ex.A7 is the reply notice dated 19082008 got issued by plaintiff No.2 to defendant No.3.
Documents marked on behalf of Defendants: Ex.B1 is the Certified copy of sale deed in document No.2824/2001, dt.2006 2001. Ex.B2 is the certified copy of GPA in document No.484/1990. Ex.B3 is the office copy of Legal notice, dt.04082009.
XIX JUNIOR CIVIL JUDGE
CITY CIVIL COURT, HYDERABAD