1 OS No.40 of 2011
IN THE COURT OF PRL. JUNIOR CIVIL JUDGE AT HUZURABAD
Present:Sri. K.K.V. Buli Krishna, Prl. Junior Civil Judge,
HUZURABAD.
MONDAY, ON THIS THE 31st DAY OF DECEMBER, 2018
ORIGINAL SUIT No.40 of 2011
Between:
Kankanala Vasudeva Redy s/o. Venkat Reddy, age 32 years, Occ: Agriculture, r/o. Chinthaguta H/o. Tadikal v/o. Shankarapatnam mandal of Karimnagar District.
…Plaintif
A N D
D1. Kankanala Venkat Reddy, S/o. Malla Reddy, age 71 years, Occ: Agriculture, D2. Kankanala Ram Mohan Reddy, S/o. Venkat Reddy, age 40 years, Occ: Agriculture, D3. Kankanala Kamalaker Reddy, s/o. Venkat Reddy, Age 35 years, Occ: Agriculture, D4. Kethireddy Srilatha, W/o. Krishna Reddy, Age 28 years, Occ: Household, D5. Kethireddy Padma, W/o. Madhusudhan Reddy, age 29 years, Occ: Household, All are r/o. Chinthagattu H/o. Tadikal V/o. Shankarapatnam of Karimnagar District. … Defendants No.1 to 5
This suit is coming on before me for final hearing in the presence of Sri. Bandi Ravinder, Advocate for the plaintif and Defendants No.1 to 3 set ex-parte and Sri. G.Srinivas, Advocate for defendants No.4 and 5 and having been heard and having stood over for consideration to this day, the Court delivered the following:-
: : J U D G M E N T : :
The present suit is filed by the plaintif against the defendants
No.1 to 5 for declaration of title and perpetual injunction and also declare the registered sale deed as null and void and not binding on the plaintif.
2.The plaintif submitted that he is the owner and possessor of the land in Sy. No.1-35 guntas in Sy. No.202/A of Chinthagattu hamlet village 2 OS No.40 of 2011 of Tadikal village of Shanakarapatnam mandal of Karimnagar District.
The plaintif further submitted that defendants No.2 and 3 and plaintif are sons of defendant No.1. The plaintif further submitted that original paternal grand father of the plaintif purchased the land admeasuring
Ac.5-21 guntas in the name of the defendant No.1 on 6.10.1965 from one K.Veera Reddy by paying valid consideration and obtained possession. The plaintif further submitted that K.Veera Reddy sufered a consent Decree in favour of defendant No.1 in the year 1975 vide OS
No.128 of 1975. The land admeasuring Ac.5-21 guntas including the suit land is ancestral joint family property and said property in the partition, the defendant No.1 took land admeasuring Ac.1-00 guntas in Sy. No.201 only and he made division of land measuring Ac.5-37 guntas in Sy.
No.202/A into three parts by executing settlement deed, dt.25.6.2000.
The plaintif and defendants No.2 and 3 got the land admeasuring Ac.1- 37 guntas each allotted by defendant No.1. The plaintif further submitted that when the defendants No.2 and 3 took possession of their respective shares. Since then the plaintif has been in peaceful possession and enjoyment over the suit schedule land.
3. The plaintif further submitted that though the properties have been divided but the lands have been in the name of defendant No.1 in the revenue records. Defendant No.2 sold his share of land to one
Krishna Reddy, defendant No.3 sold his share to Madhusudhan Reddy for valid consideration and delivered possession but defendant No.1 executed registered sale deed in favour of defendants No.4 and 5 on the request of defendants No.2 and 3 as his name only stood as pattedar in revenue record while the defendants No.2 and 3 and plaintif attested the same. The plaintif further submitted that the defendants No.2 to 5 3 OS No.40 of 2011 colluded with each other in order to usurp the suit land of plaintif and got created a registered sale deed No.5932/2010 and 5933/2010, dt.15.12.2010 in favour of defendants No.4 and 5 respectively alleged to have been executed by defendant No.1 while the defendants No.2 and 3 attested the same. The plaintif further submitted that the plaintif in fact has been in continuous peaceful possession and enjoyment of the suit schedule land. The plaintif further submitted that the transaction under registered sale deed No.5932/2010 and 5933/2010, dt.15.12.2010is fake, dupe, sham and invalid. The plaintif further submitted that no deliver of possession of suit land taken place, no consideration passed under alleged registered sale deeds. The plaintif further submitted that the defendants No.1 to 3 have no right, title or interest over the suit land of plaintif as such through the alleged registered sale deeds no title passes or confers on the defendants No.4 and 5 by virtue of said registered sale deeds. Hence the suit.
4.The defendants No.1 to 3 are set ex-parte. Defendants No.4 and 5 filed written statement. Defendants No.4 and 5 submitted that D1 made believe defendant No.5 that the land in Sy. No.202/A to an extent of
Ac.1-01 guntas situated at Chinthagutta hamlet village of Tadikal village of Shankarapatnam mandal of Karimnagar District is his self acquired property and sold away the same to defendant No.5 for a valuable consideration of Rs.1,43,500/-. The defendants further submitted that after receiving the same by defendant No.1, had executed a registered sale deed vide Doc. No.5932, dt.15.12.2010 and he had inducted the defendant No.5 into possession of said Ac.1-01 guntas of land in suit survey number which is part of suit land. The defendants further submit that since from the purchase the defendant No.5 is in possession of the land Ac.1-01 guntas with absolute owner and the concerned revenue 4 OS No.40 of 2011 authorities had also mutated the name of defendant No.5 as absolute owner and possessor and accordingly, issued pattedar pass book in his favour. The defendants further submitted that they purchased part of the suit land i.e., Ac.0-30 guntas and Ac.1-01 guntas respectively under registered sale deed for valuable consideration from its owner and possessor i.e., defendant No.1. The defendants further submitted that suit land is purely self acquired property of defendant No.1 and plaintif is no way concern to the suit schedule property and defendants are in possession over their respective lands. The plaintif with malafide intention to extract money from the defendants No.4 and 5 filed this false suit with false averments. Hence the defendants No.4 and 5 prayed this court to dismiss the suit.
5.Basing on the averments of plaint and written statement the following issues are framed:
1) Whether the plaintiff is entitled for declaration of title as prayed for?
2) Whether the plaintiff is entitled for perpetual injunction as prayed for?
3) Whether the plaintiff is entitled for a declaration that the registered sale deed vide document No.5932/2010 and 5933/2010, dt.15.12.2010 as null and void and not binding on the plaintiff?
4) To what relief?
6.To prove its case the plaintif examined himself as PW1 and got marked Ex.A1 to A7. On behalf of the defendants, defendant No.4 examined herself as DW1 and got marked Ex.B1 to B8. Defendant No.5 got examined herself as DW2 and got marked Ex.B9 to B19. The defendants also got examined one Adepu Mondaiah and B.Devender
Reddy as Dws.3 and 4 on their behalf.
5 OS No.40 of 2011
7.The plaintif examined as PW1 and reiterated the averments of the chief affidavit. PW1 got marked Ex.A1 to A7. PW1 deposed that he is the absolute owner and possessor of the suit schedule property. The contention of the PW1 is that he himself and defendants No.1 and 3 are sons of defendant No.1. Originally, paternal grand father of them purchased the land admeasuring Ac.5-21 guntas in the name of D1 on 16.10.1965 from K.Veera Reddy by paying valid consideration and obtained possession and later the vendor K.Veera Reddy sufered a consent decree in favour of defendant No.1 in the year 1975 vide OS
No.128 of 1975 the land admeasuring Ac.5-21 guntas including suit land is ancestral joint family property and the said property in the partition, the defendant No.1 took land admeasuring Ac.1-00 guntas in Sy. No.201 and he made division of land measuring Ac.5-37 guntas in Sy. No.202/A into three parts by executing settlement deed on 25.6.2000 and thus he himself, defendant No.2 and defendant No.3 got the land admeasuring
Ac.1-37 guntas in suit survey number each allotted by defendant No.1.
PW1 further deposed that he himself and defendants No.2 and 3 took possession and enjoyment over the suit schedule land. PW1 further deposed that the properties have been divided but the lands have been stood in the name of D1 in the revenue records and the defendant No.2 sold his share of land to one K.Krishna Reddy, defendant No.3 sold his share of land to Madhusudhan Reddy for valid consideration and delivered possession but defendant No.1 executed registered sale deed in favour of defendants No.4 and 5 on the request of defendants No.2 and 3 as his name is only stood as pattedar in revenue records while the defendant No.2, 3 and himself attested the same. PW1 further deposed that defendants No.2 to 5 colluded with each other and crated registered sale deeds. In the cross examination PW1 deposed that he studied upto 6 OS No.40 of 2011 7th class and he do not know the contents of chief affidavit. PW1 further deposed that he filed suit against Srilatha and Padma. DW1 further deposed that he filed the suit for his share in the land and in the Sy.
No.202/A to an extent of Ac.1-34 guntas. PW1 further deposed that he do not know about the other survey numbers which are owned by his father.
8.DW1 deposed that defendant No.1 made believe that the land in
Sy. No.202/A to an extent of Ac.0-30 guntas situated in Chinthagutta hamlet village of Tadikal village of Shankarapatnam mandal of
Karimnagar District as is self acquired property and sold away the same to him for a valid consideration of Rs.1,05,000/- and after receiving the entire sale consideration by the defendant No.1 had executed a registered sale deed vide Doc. No.5932/2010, dt.15.12.2010 in favour of him and he had inducted her into the possession of the said land. DW1 further deposed that since the date of purchase he has been continuous possession of the said land as absolute owner. DW1 also deposed that defendant No.1 also made believe the defendant No.5 that the land in
Sy. No.202/A to an extent of Ac.1-01 gunta situated in Chinthagutta hamlet village of Tadikal village of Shankarapatnam mandal of
Karimnagar District is his self acquired property and sold away the same to D5 for valid consideration of R.1,43,500/- after receiving the same by the D1 had executed a registered sale deed and D5 inducted in the possession of the said land. DW1 further deposed that since th date of purchase has been in continuous possession of the said land Ac.1-01 guntas as absolute owner. DW1 further deposed he himself and DW5 bonafide purchasers and they purchased part of the suit land i.e., Ac.0- 30 guntas and Ac.1-01 guntas respectively. DW1 got marked Ex.B1 to 7 OS No.40 of 2011
B8. DW2, who is defendant No.5, in the suit deposed on the same lines as deposed by DW1. DW2 got marked Ex.B9 to B19.
9.DW3 A.Mondaiah examined on behalf of the defendants. DW3 deposed that plaintif is not the absolute owner of suit schedule property.
DW3 further deposed that the defendant No.1 sold away the land in Sy.
No.202/A to an extent of Ac.0-30 gutas situated at Chinthagutta hamlet village of Tadikal village of Shankarapatnam mandal of Karimnagar
District for a valid consideration of Rs.1,05,000/- to D4 and further he had sold away to an extent of Ac.1-01 guntas in suit survey number to defendant No.5 for valid consideration of Rs.1,43,500/- to D5 and after receiving the entire sale consideration by the defendant No.1 had executed a registered sale deed and he had inducted the defendants
No.4 and 5 into the possession and the respective lands and the lands are part and parcel of the suit land. DW3 further deposed that since from the purchase D4 and D5 are in exclusive possession over their respective lands. DW3 further deposed that D4 and D5 are bonafide purchasers and they purchased part of the suit land i.e., Ac.0-30 guntas and Ac.1-01 guntas respectively under registered sale deed for a valid consideration from its owners and possessors. DW3 further deposed that the land is purely self acquired property of the D1. One B.Devender
Reddy is examined as DW4 and deposed on the same lines as deposed by DW3.
10.The learned counsel for the plaintif contended that the suit schedule property is belongs to the plaintif and the defendant No.1 sold away the suit property to D4 and D5 without knowledge and consent of the plaintif. The learned counsel for the plaintif further contended that the suit schedule property falls under the share of the plaintif during the 8 OS No.40 of 2011 partition. The learned counsel for the plaintif prayed this court to declare the plaintif as owner and possessor of the suit schedule property by cancelling the registered sale deed which was executed by defendants in favour of defendants No.4 and 5. The learned counsel for the defendants contended that the plaintif is not the owner and possessor of the suit schedule property. The learned counsel for the defendant further submitted that defendants No.4 and 5 are bonafide purchasers and the defendant No.1 was owner and possessor of the suit schedule property. The learned counsel for the defendant further contended that the names of the defendant No.1 and defendant No.5 mutated in the revenue records and having been enjoying the property and having possession over the suit schedule property as absolute owners. The learned counsel for the defendants No.4 and 5 prayed this court to dismiss the suit.
11.The case of the plaintif is that the he is the absolute owner and possessor of land admeasuring Ac.1-37 guntas in Sy. No.202/A situated at Chinthagutta hamlet village of Tadikal village of Shankarapatnam mandal of Karimnagar District. The plaintif further submitted that himself, defendant No.2 and defendant No.3 are sons of defendant No.1.
The case of the plaintif is that originally their paternal grand father purchased the land admeasuring Ac.5-21 guntas in the name of defendant No.1 on 6.10.1965 from K.Veera Reddy by paying valid consideration and obtained possession. The plaintif further contended that the vendor of K.Veera Reddy sufered consent decree in favour of the defendant No.1 in the year 1975 vide OS No.128/1975 and the land admeasuring Ac.5-21 guntas including suit land is ancestral joint family property. The plaintif further contended that in the partition, the defendant No.1 took land admeasuring Ac.1-00 guntas in Sy. No.201 only 9 OS No.40 of 2011 and made division of land admeasuring Ac.5-37 guntas in Sy. NO.202/A into three parts by executing settlement deed on 25.6.2000 and he himself and defendants No.2 and 3 got the land admeasuring Ac.1-37 guntas in suit survey number each. The plaintif further contended that he himself and defendants No.2 and 3 took possession of their respective shares and since then he has been in possession and enjoyment of the suit schedule lands. The plaintif further contended that though the properties have divided but the lands have been stood in the name of defendant No.1 in the revenue records. The plaintif further contended that defendants No.2 and 3 sold his land to other persons and defendant No.1 executed registered sale deed in favour of the purchasers. The plaintif further submitted that the defendants No.2 to 5 colluded with each other in order to usurp the suit land and got created registered sale deed No.5932/2010 and 5933/2010, dt.15.12.2010 in favour of defendants No.4 and 5 respectively allegedly executed by D1 while the D2 and D3 attested the same. The plaintif contended that the suit schedule properties falls in his share and he is having possession over the said land. The plaintif prayed this court to declare the plaintif as owner and possessor of the suit schedule land with consequential injunction. The plaintif further prayed this court to declare the registered sale deeds No.5932/2010 and 5933/2010, dt.15.12.2010 on the file of Sub-Registrar, Huzurabad are null and void and not binding on the plaintif.
12.Issue No.1 and 2: The plaintif contended that he is absolute owner and possessor of the suit schedule property. The case of the plaintif is that the plain schedule property is ancestral property and during the partition the property falls under his share. The plaintif contended that his grand father purchased the land in an extent of Ac.5- 10 OS No.40 of 2011 21 guntas in the name of defendant No.1 on 6.10.2015 from K.Veera
Reddy and later the defendant No.1 obtained decree vide OS
No.128/1975. The plaintif further contended that they got partitioned the property on 25.6.2000 and they got Ac.1-37 guntas land each. The plaintif prayed this court to declare him as absolute owner and possessor of the suit schedule property.
13.To prove the case of the plaintif, the plaintif got marked Ex.A1 to
A7. Ex.A1 pahani for the year 2005-2006. Ex.A2 is the pahani for the year 2006-2007. Ex.A3 is the pahani for the year 2007-2008. On perusal of Ex.A1 to A3 it is clear that the name of defendant No.1 shown as pattedar and possessor in respect of land in Sy. No.202/A to an extent of Ac.5-21 guntas. In the said documents the nature of possession is shown as patta. Ex.A4 and A5 are the pattedar pass book and title deed which discloses that the defendant No.1 name is shown as pattedar in respect of land in Sy. No.202/A to an extent of Ac.5-21 guntas. Ex.A6 is
CC of Sale Deed which discloses that the defendant no.1 executed the sale deed in favour of the defendant No.5. Ex.A6 the defendant No.1 sold away an extent of Ac.1-01 guntas in favour of the defendant No.5.
Ex.A7 is Sale Deed executed in favour of D4 by the defendant No.1 by alienating an extent of Ac.0-30 guntas in Sy. No.202/A. On perusal of
Ex.A1 and A3 it is clear that the name of defendant No.1 shown as pattedar and possessor in respect of land in Sy. No.202/A to an extent of
Ac.5-21 guntas. The plaintif failed to produce any documents to show that the property in Sy. No.202/A in an extent of Ac.5-21 guntas is ancestral property. The plaintif failed to produce any document before this court to show that the suit schedule property falls under his share.
The plaintif has filed settlement deed, dt.25.6.2000, but the plaintif 11 OS No.40 of 2011 failed to pay the requisite stamp duty and penalty and the plaintif could not mark the same before this court. The documents marked by plaintif shows that the defendant No.1 name is shown as pattedar and possessor in respect of land in Sy. No.202/A in an extent of Ac.5-37 guntas including present suit schedule property. The defendants got marked Ex.B1 to B19. Ex.B1 is original sale deed, dt.15.12.2010 which is executed by defendant No.1 in favour of defendant No.5. Ex.B2 is mutation proceedings, dt.7.1.2011. Ex.B3 is 1-B Namoona. Ex.B4 is pahani for the year 2010-2011. On perusal of Ex.B1 to B4 it is clear that the defendant No.1 sold away the land in Sy. No.202/A to an extent of
Ac.0-30 guntas in favour of the defendant and the name of the defendant No.4 also mutated in the revenue records and her name is shown as pattedar and possessor in respect of land in Sy. No.202/A in an extent of Ac.0-30 guntas. Ex.B5 is sale deed executed by the defendant
No.1 in favour of defendant No.5. Ex.B6 is mutation proceedings. Ex.B7 is 1-B Namoona. Ex.B8 is pahani for the year 2008-2009. Ex.B13 is pahani for the year 1421 Fasli. Ex.B14 is pahani for the year 1422 Fasli.
Ex.B15 is pahani for the year 1423 Fasli. Ex.B16 is pahani for the year 1424 Fasli. Ex.B17 is pahani for the year 1425 Fasli. Ex.B18 is pahani for the year 1428 Falsi. Ex.B19 is pahani for the year 1427 Fasli. On perusal of Ex.B5 to B8 and B13 to B19 it is clear that the name of the defendant No.5 mutated in the revenue records to an extent of Ac.1-01 guntas in Sy. No.202/A and pahanies also discloses the possession of the defendant No.5. Ex.B9 is the CC of sale deed executed in favour of
K.Krishna Reddy by defendant No.1 to an extent of Ac.0-10 guntas in Sy.
No.202/A. Ex.B10 is the Sale deed executed by defendant No.1 in favour of K.Madhusudhan Reddy by K.Venkat Reddy for and extent of Ac.0-10 guntas in Sy. No.202/A. Ex.B11 is the CC of sale deed wherein the 12 OS No.40 of 2011 defendant No.5 sold away the land in an extent of Ac.1-25 guntas in Sy.
No.202/A in favour of defendant No.5. Ex.B12 is CC of sale deed executed by K.Venkat Reddy in favour of defendant No.4 for an extent of
Ac.1-25 guntas in Sy. No.202/A. On perusal of Ex.B9 to B12 it is clear that the defendant No.1 sold land in Sy. No.202/A to others including defendants No.4 and 5 apart from suit schedule property. On perusal of the documents filed by the defendants it is clear that the defendant No.1 was the pattedar and possessor in respect of the land in Sy. No.202/A in an extent of Ac.5-37 guntas including the suit schedule property and he sold the land to the purchasers including the defendants No.4 and 5.
14.On perusal of entire evidence on record it is clear that the plaintif failed to produce any document to show that the suit schedule property is ancestral property and the suit schedule property falls under his share.
In these circumstances I am of the view that the plaintif failed to prove his title over the suit schedule property and plaintif also failed to prove his possession over the suit schedule property. Therefore, the plaintif is not entitled for declaration of title and perpetual injunction as prayed in the suit. I answered the issues Nos.1 and 2 accordingly in favour of the defendants No.4 and 5 and against the plaintif.
15.Issue No.3:
In view of the discussion in issues No.1 and 2, I am of the considered view that the plaintif failed to prove his title and possession over the suit schedule property and therefore he is not entitled for relief of declaration to declare the registered sale deeds vide Doc.
No.5932/2010 and 5933/2010, dt.15.12.2010 as null and void and not binding on the plaintif. I answered the issue No.3 accordingly in favour 13 OS No.40 of 2011 of the defendants No.4 and 5 and against the plaintif.
16.Issue No.4:
In the result, the suit is dismissed. Without costs.
Dictated to the Stenographer Gr.III, transcribed by him, corrected
and pronounced by me in the open Court on this the 31 st day of December, 2018.
Prl. Junior Civil Judge, Huzurabad.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR THE PLAINTIFF(S): FOR THE DEFENDANT(S): PW1 – K.Vasudeva ReddyDW1 – K.Srilatha DW2 – K.Padma DW3 – Mondaiah DW4 – B.Devender Reddy
EXHIBITS MARKED
FOR THE PLAINTIFF(S): Ex.A1Pahani for the year 2005-2006 Ex.A2 Pahani for the year 2006-2007 Ex.A3Pahani for the year 2007-2008 Ex.A4Pattadar Pass Book Ex.A5Title Deed Ex.A6Certified Copy of Sale Deed Ex.A7Certified Copy of Sale Deed
FOR THE DEFENDANT(S): Ex.B1Sale Deed Ex.B2Mutation Orders Ex.B31-B Certificate Ex.B4Pahani for the year 2010-2011 Ex.B5Sale Deed Ex.B6Mutation Orders Ex.B71- B Certificate Ex.B8Pahani for the year 2008-2009 Ex.B9Sale deed obtained through meeseva, dt.4.7.2007 14 OS No.40 of 2011
Ex.B10Sale deed obtained through meeseva, dt.4.7.2007 Ex.B11Certified Copy of Sale Deed, dt.2.6.2008 Ex.B12Certified Copy of Sale Deed, dt.2.6.2008 Ex.B13Pahani obtained through Mee seva for the fasli 1421 Ex.B14Pahani obtained through Mee seva for the fasli 1422 Ex.B15Pahani obtained through Mee seva for the fasli 1423 Ex.B16Pahani obtained through Mee seva for the fasli 1424 Ex.B17Pahani obtained through Mee seva for the fasli 1425 Ex.B18Pahani obtained through Mee seva for the fasli 1426 Ex.B19Pahani obtained through Mee seva for the fasli 1427
Prl. Junior Civil Judge, Huzurabad.