OS 17 of 2020
Fair
Date: 21-04-2022
IN THE COURT OF THE SENIOR CIVIL JUDGE :: GADWAL
Present:- Sri. K. KIRAN KUMAR,
SENIOR CIVIL JUDGE,
WANAPARTHY,
F.A.C. SENIOR CIVIL JUDGE, GADWAL
ON THURSDAY, THIS THE 21" DAYOFAPRIL, 2022.
O.S. No. 17 of 2020.
Between:
Smt KadintiYellamma W/o. Kadinti Yella Reddy, age 37 years, Occ: Housewife and agriculturist, R/o. H.No. 3-33/1, Yaktapuram, H/o. Beechupalli Village, Itkyal Mandal, Jogulamba Gadwal District. Plaintiff
And
1. Sri K. Shankar Reddy, S/o. Narsappa, age 43 years, Occ: Agriculture
2. Smt Kadinti Alivelu W/o. K. Shankar Reddy, age 34 years, Occ: Agriculture
Both are R/o. H.No. 3-85, Yerravalli, H/o. Thimmapuram Village, Itkyal Mandal,
Jogulamba Gadwal District.
...Defendants
This suit is coming before me for final hearing in the presence of Sri. Gone Ramesh learned counsel for the plaintiff and Sri P. Radha Krishma Reddy, learned counselfor the defendants and having been heard and having stood over for consideration, ill this day, this Court is delivered the following:
JUDGMENT
1. This is a suit filed by plaintiff for grant of perpetual injunction, restraining the defendants, their servants and henchmen from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property' (hereinafter called as suit lands) and award cost.
2. Brieffacts of the plaintiff: Plaintiff has disclosed in the plaint that, the defendant
No. I was purchased the suit lands in the name of his wife defendant No. 2, in turn, the defendant No. 2, being the absolute owner sold the suit lands to plaintiff through registered Sale deed bearing document No. 19942/2019, dated 11-11-2019, by receiving the valid sale consideration and ever since, the date of execution of the registered sale deed, the plaintiff has been enjoying the suit lands as absolute owner 'All that the land bearing Sy. No. 246/2/1 paiki and Sy. No. 250/2 paiki, admeasuring Ac. 0-11 gts., and Ac. 0-29 gts., total admeasuring Ac. I-00 gts., situated in the limits of Thimmapur Village of Itkyal Mandal, Jogulamba Gadwal District commonly bounded by: East: Remaining land of defendant No. 2, West: Yakthapuram Road, North: lands of Ramudu, Nagesh and Eswar Reddy, South: Land of K. Yella Reddy.
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and possessor and got mutated his name in the revenue record as pattadar
and
possessor, and also received pattadar pass books and title deeds in his name from the elanganaGovernment and enjoyingthe same without any kind of hindrance from
anybody.
2.1 It is further pleaded that, the defendants even after execution of the registered sale deed in favour of plaintiff by receiving valid sale consideration, with a malafide intention, ulterior motive, without any manner of right have developed cavettos eye and unnecessarily trying to disturb the possession of the plaintiff over the suit lands and they are seriously trying to disposes the plaintiff from the suit lands. Thát on 01- 06-2020 and on 14-06-2020, the defendants trespassed into the suit lands and tired to disposes the plaintiff from the suit lands and tried to obstruct her from proceeding with agricultural work with an intention to grab the suit lands, but, the plaintiff somehow resisted the illegal acts of the defendants, in turn, the defendants while going away threatened that, they will occupy the possession of the suit lands with more force. In such circumstances, the plaintiff has left with no other alternative, except to approach this Court by way of filing the present suit praying to grant perpetual injunction against the defendants. Hence the suit is filed for the aforesaid relief against the
defendants.
3. Inspite of receipt of the summons from this court, the defendants failed to file the written statement on their behalf. Hence, the proceedings against defendants went on ex parte.
4. In order to prove the case of the plaintiff, the plaintiff, filed her affidavit in lieu of chief examination, on perusal of chief examination of PW1, it is reiteration of the facts incorporated in the plaint on oath and further, to substantiate the case of the
plaintiff, she has placed reliance upon and got marked as many as eight (08)
documents i.e. Ex.Al to A8 on her behalf.
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5. Heard the arguments of the learned counsel for plaintiff and perused the record.
6. Basing on the contentions of the plaintiff, now the point that, would arise for consideration before this Court is:
"Whether the plaintiff is entitledfor perpetual injunction against the
defendants in respect of suit schedule property, as prayed for?
2. To what relief"
POINT
Plaintiff has deposed all the facts narrated in his chief examination affidavit by 7. reiterating the facts pleaded in the plaint. According to PlaintifPW1, the defendant
No. 1 was purchased the suit lands in the name of his wife defendant No. 2, in turn, the defendant No. 2, sold the suit lands to plaintiff through registered Sale deed bearing document No. 19942/2019, dated 11-11-2019, by receiving the validsale consideration. It is further contention of the plaintiff that, and ever since, the date of execution of the registered sale deed, the plaintiff has been enjoying the suit lands as absolute owner and possessor and got mutated his name in the revenue record as pattadar and possessor, and also received pattadar pass books and title deeds in his name from the Telangana Government and enjoying the same without any kind of hindrance from anybody.
8. It is further contention of the plaintiff that, the defendants even after execution of the registered sale deed in favour of plaintiff by receiving valid sale consideration, with a malafide intention, ulterior motive, without any manner of right have developed cavettos eye and unnecessarily trying to disturb the possession of the plaintiff over the suit lands and they are seriously trying to disposes the plaintiff from the suit lands.
That on 01-06-2020 and 14-06-2020, the defendants trespassed into the suit lands and tired to disposes the plaintiff from the suit lands and tried to obstruct her from proceeding with agricultural work with an intention to grab the suit lands, but, the plaintiff somehow resisted the illegal acts of the defendants, in turn, the defendants
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While going away threatened that, they will occupy the possession of the suit lands with more force
The pleadings and the documents confirms that, the plaintiff has purchased the 9. suit lands from the defendants for valid sale consideration and has been enjoying the
Same as absolute owner and possessor and the documents under Ex.Al to Ex.A8 clearly indicates that, the suit lands stands in the name of plaintiff as on the date of institution of the suit and she is enjoying the ownership rights. To corroborate the contention of the plaintiff, the plaintiff has placed reliance upon the documents under
Ex.Al to Ex.A8. On examining the documents under Ex.A1 to Ex.A8, clearly indicates that, the suit lands stand in the name of plaintiff and the documents under Ex.
Al to A8, clearly indicates that, the name of the plaintiff is being reflected in the relevant column of the possessor in respect of suit lands.
10. The sole testimony of PW1 remained unchallenged and inspires the confidence of this Court. Further, the documents under Ex.Al to Ex.A8 clearly shows that, suit lands is possessed by the plaintiff as on the date of suit. The pleadings of the plaintiff also remained unchallenged and there is no rebuttal or contra evidence. Hence, this
Court is of the view that, the plaintiff is able to establish the suit claim, as a sequel, the suit of the plaintiff is liable for decreed. Accordingly, the point is answered in favour of plaintiff.
11. IN THE RESULT, the suit is decreed in favour of plaintiff without cost, by granting perpetual injunction against defendants, servant/servants, agent/agents, relative/relatives and any other person/persons claiming through them are perpetually restrained from causing any kind of interference into the peaceful possession of the
plaintiff over the suit schedule property.
Typedto my dictation by the Stenographer, corrected and pronounced by me in the open Court on this the 21" day of April, 2022.
F.A.C. SENIOR CIVIL JUDGE,
GXDWAL.
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OS 17 of 2020
APPENDIXOF EVIDENCE
WITNESSES EXAMINED
PLAINTIFF:
DEFENDANTS:
Smt Kadiniti Yellamma/Plaintiff
-Nil
EXHIBITS MARKED
PLAINTIFF:
DEFENDANTS:
Ex. A-1 is the Certified Sale deed, dated 11-11-2019 of the plaintiff
-Nil-
Ex. A-2 is the Meeseva Form No. 1 (ROR), dated 03-01-2020
Ex.A-3 is the C.C. of Pattadar pass book-cum-title deed of the plaintiff, dated 03-01- 2020.
Ex.A-4 is the Meeseva Pahani of the plaintiff in respect of land admeasuring Ac. 0-11 gts., in Sy. No. 246/2/1, dated 03-01-2020
Ex.A-5 is the Meeseva Pahani of the plaintiff in respect of land admeasuring Ac. 0-21 gts., in Sy. No. 250/2, dated 03-01-2020
Ex.A-6 is the Complaint copy to the S.I. of Police,Itikyala, dated 01-06-2020
Ex.A-7 is the Complaint copy to the superintendent of Police, Jogulamba-Gadwal District, dated 01-06-2020
Ex.A-8 is the C.C. Sale deed of the defendant No. 2, dated 09-03-2017.
F.A.C. SENIOR CIVIL JUDGE,
GXDWAL.
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