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IN THE COURT OF THE JUNIOR CIVIL JUDGE -CUM- JUDICIAL MAGISTRATE OF
FIRST CLASS : ANDOLE AT JOGIPET
PRESENT : SMT. K.DHANA LAKSHMI
JUNIOR CIVIL JUDGE-CUM-
JUDICIAL MAGISTRATE OF FIRST CLASS,
ANDOLE AT JOGIPET
Thursday, the 17 th day of October, 2024
Original Suit No. 19 of 2015
Between: Sangram Shivalatha, W/o. Uday Bhaskar, age about 50 years, Occ: Housewife, R/o.H.No. 3-5-559, Vittalwadi, Narayanguda,
Hyderabad, Telangana....Plaintiff
A N D
1. Ambilige Chinna Annamma, W/o. Late Eshwarappa, Age about 70 years, Occ: Household, R/o H.No. 21-29, Near Dayanand Road 2 .Ambilige Rajender, S/o. Late Eshwarappa, Age about 57 years, Occ: Employee R/o H.No. 21-29, Near Dayanand Road
3. Ambilige Ramesh, S/o. Late Eshwarappa, Age about 54 years, Occ: Business, R/o H.No. 14-67, Satyasai Colony
4. Ambilige Ravishankar, S/o. Late Eshwarappa, Age about 50 years, Occ: Agriculture, R/o H.No. 14-67, Satyasai Colony
5. Ambilige Srikar, S/o. Rajender, Age about 20 years, Occ: Student, R/o H.No. 21-29, Near Dayanand Road
All are R/o. Jogipet Town, Andole Mandal...Defendants
This Original suit coming before me for hearing in the presence of Sri S.Narayan Reddy, Advocate for the Plaintiff and Sri P.J.Vittal Reddy, Advocate for the Defendants, and upon hearing both sides and the matter having stood over for consideration, this Court delivered the following:-
J U D G M E N T
1.This is a suit filed by the plaintiff, seeking the court to pass judgment and decree in favour of the plaintiff and against the defendants for grant of perpetual 2 of 18 OS.No.19 of 2015
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injunction restraining the defendants from interfering with the peaceful possession and enjoyment of plaintiff over suit schedule property.
2. T he plaint averments in nutshell are as follows:
That the petitioner is the owner and possessor of the agricultural land bearing Sy.No. 175/RU extent Act.0.05 gts. situated at Jogipet Town, Andole Mandal (hereinafter referred as suit schedule land) having purchased the same from Chavidi
Adivaiah, S/o.Lachaiah under the registered sale deed No. 1182/2013 dated 14.05.2014 for a valid sale consideration of Rs. 25,000/-. On the date of execution of sale deed the vendor received the sale consideration amount and put the plaintiff in vacant possession of suit schedule land. Since then the plaintiff is in possession and enjoyment of the suit land as owner till date. After purchase of the suit land, the plaintiff applied before the
Tahsildar, Andole at Jogipet for transfer of her name as owner and pattadar of the suit land which is pending.
3.The plaintiff further pleaded that the defendant has no right, interest, possession over the suit land. After the purchase of the suit land, the plaintiff engaged labour to cut off the thorny bushes grown in the suit land and the defendants being the unsocial elements in the village went to the suit land on 15.06.2015 and tried to obstruct the plaintiff and her workmen and tried to dispossess them from the suit land. The plaintiff and others who timely present and resisted the illegal acts of the defendants.
The defendants went away from the suit land by threatening the plaintiff to dispossess her from the suit land at any time. That the plaintiff being lady and alone may not resist every illegal acts of the defendants unless and until the court grants equitable relief of perpetual injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiff from the suit land. Hence the present suit.
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4.The defendants filed their written statement denying the averments mentioned in the plaint and submitted that the plaintiff is not the owner and possessor of the suit agricultural land as the vendor of the Plaintiff has no valid title as such sale and purchase is all false, concocted and baseless. That the sale deed is brought into existence to knock away the land of the Defendants and the cause of action shown as 15.06.2015, 05.06.2015 is only created for the purpose for the suit. When the plaintiff or her alleged vendor were never in possession of the suit land, question of trying to dispossess her will not arise. That the father of the plaintiff was Ex-Sarpanch of Jogipet town and under his influence, plaintiff has concocted the documents to suit her needs.
That the defendant No.1 is the step mother, defendant Nos.3, 4 are the brothers and defendant No.5 is the son of defendant No.2. Mother of this defendant is
Pedda Annamma. Total extent of Sy.No. 175 of Jogipet village of Andole Mandal is 0.38 guntas and it is converted into Non-agricultural land. Out of the total extent father of this defendant has purchased 0.06 guntas of land in the year 1959 with the boundaries East:
Land of Byragonikunta, West: PWD road leading from Hyderabad to Nanded, North:
Land of Chavidi Sailu and 5 others and South: Sy.No. 177 of Jogipet belonging to the defendants. Since then, the father of the defendant was in possession and thereafter, these defendants alongwith his family members are in possession. After the purchase on the application of the father of defendant No.1, the sale was validated through the proceedings No.DA6/381/70 dated 06.09.1975. PWD road leading from Hyderabad to
Nanded runs through Sy.No. 176. After the purchase of 0.06 guntas of land by the father of this defendant there remained only 0.12 guntas of land. The remaining land of 0.12 guntas was sold under two different sale deeds bearing document Nos. 2570/1980 and 2379/80 to an extent of 0.06 guntas each. As there is no land left over for the alleged vendor of the plaintiff to sell the same in favour of Plaintiff. The present suit is 4 of 18 OS.No.19 of 2015
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filed by the plaintiff to knock away 0-06 gts. of land belonging to the defendants. That prior to the sale deed, the vendor of the plaintiff concocted the title deed. For the said title deed number of one Dayyala Narsamma, W/o. Lakshmaiah was given. Number of the title deed of said Narsamma is Y57584 Patta No. 540 and book No. 1726220450. In the title deed concocted by Chavidi Adivaiah Patta number is changed from 450 to 14 and pass book number is mentioned as 172622045 and the said title deed was not issued by Tahsildar, Andole. As such the defendants prayed to dismiss the suit with costs.
5.Basing on the pleadings, the following issues are settled for trial by my predecessor-in-office on 02.09.2016.
1. Whether the plaintiff is in lawful possession of the plaint schedule property and enjoyment of the suit land, as on the date of the suit?
2. Whether the plaintiff is entitled to perpetual injunction against the defendants as prayed for ?
3. To what relief ?
6. On behalf of the plaintiff, Pws.1 and 2 are examined and got marked
Exhibits A1 to A7. On behalf of the defendants, Dws.1 and 2 are examined and got marked Exhibits B1 to B17.
7.Heard the arguments of the learned counsels of both the parties. Perused the material on record and also the citation filed by the counsel for the defendant.
8. Issue No.1: Whether the plaintiffs are in possession and enjoyment of the suit land, as on the date of the suit?
The case of the plaintiff is that she is the owner and possessor of the suit schedule property having been purchased from Chavidi Adivaiah S/o.Lachaiah under the registered sale deed No. 1182/2013 dated 14.05.2014 by paying Rs.25,000/- as valid consideration on the same date. Since then the plaintiff is in possession and enjoyment 5 of 18 OS.No.19 of 2015
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of the suit land as owner till date. The plaintiff having purchased the suit schedule property applied for mutation before the Tahsildar, Andole at Jogipet for transfer on her name and the same is pending. It is the further case of the plaintiff that when plaintiff engaged labourers to clear off the thorny bushes in the suit land, the defendants on 15.06.2015 interfered and obstructed the plaintiff and her workmen and tried to dispossess them from the suit land, which the plaintiff resisted. The defendants while leaving the suit schedule property threatened to dispossess her from the same. Having no other option, the plaintiff filed the present suit for perpetual injunction to restrain the defendants from the suit schedule property.
9.In nutshell, the case of the defendants is that the total extent of Sy.No. 175 of Jogipet village of Andole Mandal is 0.38 guntas and it is converted into Non- agricultural land. Out of the total extent, father of defendant No.2 had purchased 0.06 guntas of land in the year 1959 with the boundaries East: Land of Byragonikunta, West:
PWD road leading from Hyderabad to Nanded, North: Land of Chavidi Sailu and 5 others and South: Sy.No. 177 of Jogipet belonging to the defendants. Since then his father was in possession and thereafter, the defendants alongwith his family members are in possession. After the purchase, on the application of the father of defendant No.1, the sale was validated through the proceedings No.DA6/381/70 dated 06.09.1975. PWD road leading from Hyderabad to Nanded runs through Sy.No.176. After the purchase of 0.06 guntas of land by the father of this defendant there remained only 0.12 guntas of land. The remaining land of 0.12 guntas was sold under two different sale deeds bearing document Nos. 2570/1980 and 2379/80 to an extent of 0.06 guntas each. As there is no land left over for the alleged vendor of the plaintiff to sell the same in favour of Plaintiff. The present suit is filed by the plaintiff to knock away 0-06 gts. of land 6 of 18 OS.No.19 of 2015
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belonging to the defendants. That prior to the sale deed, the vendor of the plaintiff concocted the title deed. For the said title deed number of one Dayyala Narsamma,
W/o. Lakshmaiah was given. Number of the title deed of said Narsamma is Y57584
Patta No. 540 and book No. 1726220450. In the title deed concocted by Chavidi
Adivaiah Patta number is changed from 450 to 14 and pass book number is mentioned
as 172622045 and the said title deed was not issued by Tahsildar, Andole. As such the
defendants prayed to dismiss the suit with costs.
10.Coming to the oral evidence, plaintiff examined herself as P.W.1 and reiterated the averments of the plaint and got marked Exhibit A1-Mee-Seva copy of 1-B
Namuna (ROR), dated 15.04.2015, Exhibit A2-Mee-seva adangal pahani fasli, 1420,
dated 15.04.2015, Exhibit A3-Mee-Seva adangal pahani fasli, 1421, dated 15.04.2015,
Exhibit A4-Mee-Seva adangal pahani fasli, 1422, dated 15.04.2015, Exhibit A5-Mee-
Seva adangal pahani fasli, 1423, dated 15.04.2015, Exhibit A6-Mee-Seva adangal pahani fasli, 1424, dated 15.04.2015 and Exhibit A7-certified copy of sale deed bearing
No.1182 of 2014, dated 14.05.2014. During cross-examination, she deposed that the suit schedule land is non-agricultural land. She does not know the total extent of the suit land. Though, she made an application for mutation, it did not take place and due to present case it did not take place till now. She further deposed that one Chavadi
Adivaiah sold the suit schedule property to her and it is the ancestral property of his vendor as per the documents verified. In her chief examination affidavit, it is mentioned that the land in Sy.No.175/RU is Ac.0.05 guntas. She deposed that she purchased
Ac.0.05 guntas out of Ac.0.38 guntas in Sy.No.175/RU. She do not know who is in possession of remaining land of Ac.0.33 guntas. She do not know whether Kotte
Adivappa has constructed the house in Sy.No.175 and remaining land sold to Avusali
Prabhakar, Hussain,Muslapuram Srinu and Gaffer. She do not know that Eshwarappa 7 of 18 OS.No.19 of 2015
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purchased Ac.0.06 guntas in Sy.No.175 in the year 1959 under unregistered sale deed.
She further deposed that she was not present on 15.06.2015 when she has sent labour to cut the bushes. She purchased the suit schedule property in the year 2014 and filed the suit in the year 2015.
11.She denied the contra suggestions put to PW1 and she also further denied that with the influence of his father, Chavidi Adivaiah created the documents and executed the same, that Chavidi Adivaiah do not have land in Sy.No.175, that as
Adivaiah was not in possession, he did not deliver the possession of suit schedule land to her. She further denied the suggestion that the suit land belongs to defendants, that she filed the suit to knock away the property of the defendants, that under document
Nos.2570 of 1980 and 2379 of 1980 two different persons have purchased and got registered Ac.0.06 guntas each.
12.Further, plaintiff to prove her case has examined one Savidi Bala Kistaiah, who is attestor of Exhibit A7, who deposed that he knows both the parties to the suit and the suit schedule property. Plaintiff is the owner and possessor of agricultural land bearing Sy.No.175/RU in extent of Ac.0.05 guntas situated at Jogipet Town, Andole
Mandal, Sangareddy District and PW1 is in peaceful possession and enjoyment of the suit land as purchaser and PW1 purchased the suit land from Chavidi Adivaiah under a registered sale deed dated 14.05.2014 for a valid consideration of Rs.25,000/-. On the day of execution of registered sale deed, PW1 was put into possession of the suit land and she is in possession and enjoyment of the same till now. At the time of purchase of the suit land by PW1, she requested and called him and Chavidi Balraj to the Sub-
Registrar Office Jogipet to act as witnesses to the sale deed. Accordingly, both went to
Sub-Registrar Office and there Chavidi Adivaiah, the vendor of the suit land was present.
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Thereafter, the vendor and vendee signed on the sale deed document and himself and
Balraj signed on the sale deed as attestors by affixing the photographs of vendor, vendee and attestors. PW1 paid the sale consideration and after execution of the document, the suit land was delivered in favour of PW1 in their presence and since then
PW1 is in possession and enjoyment of the same till now. He described the boundaries of the suit land as East: Bairagoni Kunta, West:PWD Road, North:Land of Kotha
Srisailam and others and South:Land of A.Eshwarappa.
13.During cross-examination the PW2 deposed that he do not know whether late Eshwarappa father of defendant Nos.2 to 4, husband of defendant No.1 and grandfather of defendant No.5 purchased Ac.0.06 guntas of land. He cannot say who is in possession of remaining land in Sy.No.175. On the day of execution of Exhibit A7, at about 11.00 a.m., the defendants and their supporters were present in the suit schedule property and discussing the land belonging to them, which he informed to PW1. He further deposed that the land claimed by the defendants was registered under Exhibit
A7. PW1 purchased the suit land from one Chavidi Adivaiah and his name was in revenue records since 50 to 60 years back. He do not know whether after purchasing the land of Ac.0.06 guntas by the defendants, the extent of road passing through
Sy.No.175, the remaining Ac.0.12 guntas of land out of Ac.0.38 guntas was sold under two registered sale deed bearing Nos.2570 of 1980 and 2379 of 1980. He denied the contra suggestions put to him and he further denied that the defendants are in possession of Ac.0.06 guntas of land in Sy.No.175 that the defendants have purchased
Ac.0.06 guntas of land in Sy.No.175. He further denied the suggestions that Chavidi
Adivaiah concocted the documents i.e., Exhibits A1 to A6 and basing on them he has executed Exhibit A7.
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14.As against the evidence of plaintiff, the defendant No.2 has filed his chief examination affidavit and examined himself as DW.1 narrating the written statement in verbatim. In support of his case, he relied upon Exhibit B1-Proceedings issued by
Tahasildar Andole Medak District in No.D.Dis.A6/381/1970 Form No.4, dated 06.09.1975, Exhibit B2-Certified copy of caveat application No.3 of 2014 along with the petition, Exhibit B3-Certified copy of caveat application No.4 of 2014 along with the petition, Exhibit B4-Certified copy of caveat application No.2 of 2015 along with the petition, Exhibit B5-Representation dated 07.08.2014 given to the Tahasildar under acknowledgment, Exhibit B6-Certified copy of registered sale deed bearing document
No.2378 of 1980, Exhibit B7-Certified copy of registered sale deed bearing document
No.2379 of 1980, dated 05.12.1980, Exhibit B8-Certified copy of pahani for the year 1996-1997, Exhibit B9-Certified copy of pahani for the year 2004-2005, Exhibit B10-
Certified copy of pahani for the year 2000-2001, Exhibit B11-Certified copy of pahani for the year 2010-2011, Exhibit B12-Certified copy of faisal patti for the year 1976 of Jogipet (2 sheets), Exhibit B13-Meeseva copy of pahani for the fasli year 1422 (2 in number),
Exhibit B14-Meeseva copy of pahani for the fasli year 1425, Exhibit B15-Meeseva copy of 1-B Namuna ROR dated 09.07.2015, Exhibit B16-Meeseva copy of 1-B Namuna ROR
dated 02.04.2013 and Exhibit B17-Receipt dated 13.03.1959.
15.During the cross examination of DW.1, he deposed that his father possessed Ac.2.33 guntas of land in Jogipet village. Sy.No.177 consists of land admeasuring Ac.02.27 guntas and Sy.No.175 admeasuring Ac.0.06 guntas situated at
Jogipet and the above said land was purchased by his father during his life time. His father purchased Ac.0.06 guntas in Sy.No.175 from Chavidi family under an unregistered sale deed. He do not remember the name of the vendor. Later on the same was regularised. He further deposed that the Government issued letter in the name of his 10 of 18 OS.No.19 of 2015
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father with regard to converting Sy.No.175 as non-agricultural land. The original letter is in possession of his counsel. He did not file such document in the court. He do not know Chavidi Adivaiah and he do not know the sub-division numbers in Sy.No.175. He do not know whether the Government allotted sub division number 175 as RU of Chavidi
Adivaiah. He do not know Chavidi Adivaiah sold the land to the plaintiff under the registered sale deed dated 14.05.2014. He do not know whether the plaintiff made an application to the Tahasildar for transfer of ownership. He deposed that he has not filed any document to show that the title and pass book is granted in the name of Dayyala
Narsamma. DW1 denied the suggestion that Chavidi Adivaiah had Ac.0.05 guntas of land in Sy.No.175 and denied that the boundaries of Ac.0.05 guntas of land in Sy.No.175 is East:Birogoni Kunta, West PWD road, North:Land of Kotha Srisailam and others
South:Land of his father. He denied that on the date of registration of sale deed the vendor Adivaiah delivered the purchased suit land in favour of PW1. He further denied that PW1 is in possession since the date of purchase. Further denied that the suit land belongs to Chavidi Adivaiah and that he was owner and possessor of the suit land and that he sold the same to the plaintiff under registered sale deed dated 14.05.2014.
16.The defendants to prove their case examined Sulugani Satya Vrath, who is a resident of Jogipet village as DW2, he deposed that he knows the parties. The plaintiff filed the suit in respect of the land measuring A.0.05 guntas out of Sy.No.175/RU situated at Jogipet for perpetual injunction on the ground that she purchased the above land from Chavidi Adivaiah. Chavidi Jogaiah alleged vendor of the plaintiff do not possess any land in the above said survey number. Neither the plaintiff nor the vendor of the plaintiff were never in possession of the suit schedule land as claimed by them.
Total extent of Sy.No.175 of Jogipet Village of Andole Mandal is Ac.0.38 gunats and it is converted into non-agricultural land. Out of said extent, late Eshwarappa, father of the 11 of 18 OS.No.19 of 2015
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defendant No.2 has purchased Ac.0.06 guntas land in the year 1959 with the boundaries
East: Land of Biragonigunta, West: PWD road leading from Hyderabad to Nanded,
North: land of Chavidi Sailu and 5 others and South: Sy.No.177 of Jogipet belongs to
Rajender and his family. After purchase of Ac.0.06 guntas by the father of defendant
No.2, remaining 0.12 guntas was sold to different persons under two documents Ac.0.06 gts. each and the suit land was never in possession of the plaintiff.
17.During cross-examination, he deposed that himself and defendants are the members of Veera Shaiva Community. The suit is pending for Sy.No.175 and the total extent of said survey number is Ac.0.38 guntas situated at Jogipet. He do not know how many people are residing in the said survey number. The boundaries of survey No.175 are East: Bairagoni Gunta, West:PWD Road, North:Land of Chavidi Sailu, South:Land of defendant. He came to know about the land when he talked to the defendants, but he did not go to the said land. He do not know whether the plaintiff is having Ac.0.05 gunats of land in Sy.No.175/RU. He never seen the pahanies pertaining to Sy.No.175 and he do not know that land in Sy.No.175 is still mentioned as agricultural land as per the revenue records and it is not transferred as non-agricultural land. He denied the suggestion that the defendants are not in possession of the suit land and he denied that the plaintiff purchased the suit land from Chavidi Adivaiah under registered sale deed in the year 2013.
18.As seen from the above contentions and rival contentions, it has to be seen that whether the plaintiff has purchased the suit schedule land under Exhibit A7 in
Sy.No.175/RU to an extent of Ac.0.05 guntas with boundaries as East:Bairgonikunta,
West:PWD Road, North:Land of Kotha Srisailam and Others South:Land of late
A.Eshwarappa, situated at Jogipet Town, Andole Mandal, Sangareddy District and is an absolute owner and possessor of the suit schedule property or whether it has to be seen 12 of 18 OS.No.19 of 2015
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that the total extent of Sy.No. 175 of Jogipet village of Andole Mandal is 0.38 guntas and it is converted into Non-agricultural land and out of the total extent, father of defendant
No.2 had purchased 0.06 guntas of land in the year 1959 with the boundaries East: Land of Byragonikunta, West: PWD road leading from Hyderabad to Nanded, North: Land of
Chavidi Sailu and 5 others and South: Sy.No. 177 of Jogipet belonging to the defendants. In support of the case of the plaintiff that she is the absolute owner and possessor of suit schedule land in Sy.No.175/RU to an extent of Ac.0.05 guntas with boundaries as East:Bairgonikunta, West:PWD Road, North:Land of Kotha Srisailam and
Others South:Land of late A.Eshwarappa, situated at Jogipet Town, Andole Mandal,
Sangareddy District, she relied upon Exhibits A1 to A6, which are Mee-Seva copy of 1-B
Namuna (ROR), dated 15.04.2015 and Adangal Pahanies falsi for the years 1420, 1421, 1422, 1423 and 1424, dated 15.04.2015, which shows that the vendor of the plaintiff, i.e., Savidi Adivaiah, S/o. Lachaiah is the owner of the land to an extent of Ac.0.05 guntas in Sy.No.175/RU and he has been shown as Pattedar for the said land as per
Exhibits A1 to A6. The said documents are issued by Tahsildar of Jogipet Mandal,
Medak District, which documents are denied by the defendants, but to disprove the same, they have not produced any document to show that they are created and not belonging to the vendor of the plaintiff Savidi Adivaiah.
19.Further coming to the important document which is relied upon by the plaintiff is Exhibit A7, which is the certified copy of sale deed bearing No.1182 of 2014,
dated 14.05.2014, under which the plaintiff purchased the suit schedule property for a
valid consideration amount of Rs.25,000/- from Savidi Adivaiah, S/o.Lachaiah, which is registered in the office of the Sub-Registrar, Jogipet and the boundaries mentioned are the same boundaries which are mentioned in plaint schedule property with boundaries 13 of 18 OS.No.19 of 2015
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as East:Bairgonikunta, West:PWD Road, North:Land of Kotha Srisailam and Others
South: Land of late A.Eshwarappa.
20.To prove that the said land is purchased by the plaintiff from her vendor
Savidi Adivaiah on 14.05.2014, plaintiff relied upon the attestor, i.e., Savidi Bala Kistaiah, who is examined as PW2, who in his chief examination has deposed that the plaintiff is the owner and possessor of the suit schedule land and plaintiff requested him and
Chavidi Balraj to come to Sub-Registrar Office Jogipet to stand as attestors to Exhibit
A7. Accordingly, they were present at the Sub-Registrar Office and stood as attestors in execution of the document under Exhibit A7. It is pertinent to mention that under Section 68 of the Indian Evidence Act, one of the attestors of the document has to be examined in evidence to prove the case of the parties. For better appreciation, Section 68 of
Indian Evidence Act is extracted:
68. Proof of execution of document required by law to be attested.
If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence :
As can be seen from the above provision, the plaintiff has proved Exhibit A7 that it was executed in the presence of the witnesses/attestors i.e, PW2 and another witness at the
Sub-Registrar Office, Jogipet. The plaintiff in the plaint pleaded that she filed an application for mutation, it did not take place and due to present case it did not take place till now. As rightly contended the plaintiff for mutating her land she applied to the concerned authority for mutation, but the defendants under Exhibit B5 gave a representation on 07.08.2014 to Tahsildar that there was a wrong registration to the 14 of 18 OS.No.19 of 2015
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plaintiff as such, requested the revenue authorities to decide as to who is in possession of the suit schedule property, but they have not initiated any steps.
21.To disprove the contentions and version of the plaintiff, the defendants relied upon Exhibits B1 to B 17. Exhibit B1 is the proceedings issued by Tahsildar
Andole, Medak District dated 06.09.1975, which document shows that the father of the 2nd defendant is the land holder of Sy.No.175/a to an extent of Ac.0.06 guntas of Jogipet
Village, but the suit schedule property is in respect of Sy.No.175/RU to an extent of
Ac.0.05 guntas. The said document shows different survey numbers to that of the present suit schedule survey number. Exhibits B2 to B4 are the caveat applications.
Exhibit B5 is the representation dated 07.08.2014 to Tahsildar of Jogipet that there was a wrong registration to the plaintiff as such, requested the revenue authorities to decide as to who is in possession of the suit schedule property. It is pertinent to mention that the defendants after submitting the representation to the said Tahsildar has not agitated so far from the year 2014 to till date as to who is in possession of the suit schedule property. Exhibits B6 and B7 are the registered sale deeds dated 05.12.1980, with different Sy.No.175/a with different boundaries to that of the suit schedule property.
These documents do not help the defendants to prove that their land is connected to
Sy.No.175/RU. Further the Exhibits B8 to B16 pahanies of different years, Faisal patti and 1-B Namuna ROR shows that their land is situated in Sy.No.175 of column No.2 of the said documents and the same do not show that they are situated in the suit schedule property i.e., Sy.No.175/RU and Exhibit B17 is the receipt, wherein the extent is bolded inked than the other letters. It is pertinent to mention that the plaintiff is relying on the
Sy.No.175/RU and her documents are all related to the said survey number. Whereas, the defendants are relying upon the documents relating to survey No.175/a. Further, the defendants under Exhibit B5 made a representation on 07.08.2014 to Tahsildar of 15 of 18 OS.No.19 of 2015
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Jogipet that there was a wrong registration to the plaintiff as such, requested the revenue authorities to decide as to who is in possession of the suit schedule property, but so far has not taken any steps on the ground of filing of the present suit. Really if the defendants are having right and interest, they would have summoned the MRO of
Jogipet to prove that the subject suit schedule land is either in Sy.No.175/RU or in
Sy.No.175/a as claimed by the defendant. The said effort of the defendants are not made to prove their agitated rights.
22.At the time of arguments, the learned counsel for the plaintiff argued that under valid documents vide Exhibits A1 to A7, she purchased the suit schedule property
before the SRO, Jogipet and to prove the same, she has produced PW2 to support her
case that Exhibit A7 was executed in his presence, and PW2 supported the version of the plaintiff in execution of Exhibit A7, as such, the plaintiff proved her ownership and possession. Per contra, the counsel for the defendants argued that on an application filed before the concerned authority for mutation is still pending, as such, she is not the absolute owner and possessor of the suit schedule property and in support of the same, they have gave representation under Exhibit B5 to the concerned authorities and due to the father of the plaintiff was Sarpanch, she created the documents and Exhibit A7 cannot be relied upon. Further, the learned counsel for the defendant relied upon the decision of the Hon’ble Supreme Court reported in Anathula Sudhakar vs.P.Buchi Reddy (Dead) by Lrs. & Ors. in Civil Appeal No.6191 of 2001, Dt. 25.03.2008 and contended that the present suit is injunction simplicitor and the court has to look into the possession of the party but not the title. In the present case, as seen from the evidence of PW2, who is an attestor of Ex.A7 in his evidence deposed that the plaintiff is the owner and she is in possession by way of registered sale deed under Ex.A7. Hence, the plaintiff 16 of 18 OS.No.19 of 2015
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has proved her possession by way of oral evidence of PW2 which itself shows that the plaintiff proved her possession which is a pre-requisite for granting perpetual injunction.
23.It is pertinent to mention that the defendants even though took a plea that they submitted a representation on 07.08.2014 to Tahsildar that there was a wrong registration to the plaintiff as such requested the revenue authorities to decide as to who is in possession of the suit schedule property. As already stated, the defendants have not taken any steps of his representation under Exhibit B5 since 2014, except stating that the suit is pending. Further, if the defendants would have summon the said concerned authority, ie., MRO of Jogipet to know whether Sy.No.175/RU or Sy.No.175/a are existing, but he failed to do so. Hence, the plaintiff under Exhibit A7 sale deed bearing No.1182 of 2014 dated 14.05.2014 has purchased the suit schedule property from her vendor and she has testified the same through the attestor PW2 in purchasing the same and execution of the same under Exhibit A7. At present, the plaintiff has proved that her vendor Savidi Adivaiah is the owner of the suit schedule property under
Exhibits A1 to A6 and he conveyed the same to the plaintiff under Exhibit A7 sale deed bearing document No.1182 of 2014 dated 14.05.2014. Further as per the evidence of
PW2, who deposed that plaintiff was put in possession of the same after delivering the possession of the suit schedule property. Accordingly, the plaintiff is the absolute owner and possessor of the suit schedule property and the defendants failed to prove that the suit schedule land belonging to them. Hence, the plaintiff is entitled to perpetual injunction against the defendants as prayed for. Accordingly, Issue No.1 is answered.
24. Issue No.2:
Whether the plaintiff is entitled to perpetual injunction against the defendants as prayed for ?
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In view of the discussion under Issue No.1, the plaintiff is the absolute owner and possessor of the suit schedule property, as such, she is entitled for perpetual injunction against the defendants as prayed for.
25. Issue No.3: To what relief?
IN THE RESULT, the suit is decreed with costs in favour of the plaintiff and against the defendants for grant of perpetual injunction restraining the defendants, their men, agents and servants from interfering with the peaceful possession and enjoyment of plaintiff over suit schedule property
Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court, on this the 17 th day of October, 2024.
JUNIOR CIVIL JUDGE-CUM-
JUDICIAL MAGISTRATE OF FIRST CLASS
ANDOLE AT JOGIPET
APPENDIX OF EVIDENCE
Witnesses Examined
For the Plaintiff: For the Defendants:
PW.1: Sangram ShivalathaDW.1: Ambilige Rajender
PW.2: Savidi Bala Kistaiah DW.2: Sulugani Satyavrath
Documents Exhibited
For the Plaintiff:
1. Exhibit A1: Mee-Seva copy of 1-B Namuna (ROR), dated 15.04.2015
2. Exhibit A2: Mee-seva adangal pahani fasli, 1420, dated 15.04.2015
3. Exhibit A3: Mee-Seva adangal pahani fasli, 1421, dated 15.04.2015
4. Exhibit A4: Mee-Seva adangal pahani fasli, 1422, dated 15.04.2015
5. Exhibit A5: Mee-Seva adangal pahani fasli, 1423, dated 15.04.2015
6. Exhibit A6: Mee-seva adangal pahani fasli, 1424, dated 15.04.2015
7. Exhibit A7: Certified copy of sale deed bearing No.1182 of 2014, dated 14.05.2014.
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For the Defendants:
1. Exhibit B1: Proceedings issued by Tahasildar Andole Medak District in No.D.Dis.A6/381/1970 Form No.4, dated 06.09.1975
2. Exhibit B2: Certified copy of caveat application No.3 of 2014 along with the petition
3. Exhibit B3: Certified copy of caveat application No.4 of 2014 along with the petition
4. Exhibit B4: Certified copy of caveat application No.2 of 2015 along with the petition
5. Exhibit B5: Representation dated 07.08.2014 given to the Tahasildar under acknowledgment
6. Exhibit B6: Certified copy of registered sale deed bearing document No.2378 of 1980.
7. Exhibit B7: Certified copy of registered sale deed bearing document No.2379 of 1980
dated 05.12.1980
8. Exhibit B8: Certified copy of pahani for the year 1996-1997
9. Exhibit B9: Certified copy of pahani for the year 2004-2005
10. Exhibit B10: Certified copy of pahani for the year 2000-2001
11. Exhibit B11: Certified copy of pahani for the year 2010-2011
12. Exhibit B12: Certified copy of faisal patti for the year 1976 of Jogipet (2 sheets)
13. Exhibit B13: Meeseva copy of pahani for the fasli year 1422 (2 in number)
14. Exhibit B14: Meeseva copy of pahani for the fasli year 1425
15. Exhibit B15: Meeseva copy of 1-B Namuna ROR dated 09.07.2015
16. Exhibit B16: Meeseva copy of 1-B Namuna ROR dated 02.04.2013 and
17. Exhibit B17: Receipt dated 13.03.1959.
JUNIOR CIVIL JUDGE-CUM-
JUDICIAL MAGISTRATE OF FIRST CLASS
ANDOLE AT JOGIPET