IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL
JUDGE CHITTOOR.
PRESENT: Smt.P. SANTHI,
I ADDL. JUNIOR CIVIL JUDGE,
CHITTOOR.
Wednesday, the Nineteenth (19 th ) day of April, 2023.
ORIGINAL SUIT NO.686 OF 2015 AND ORIGINAL SUIT NO. 691 OF 2015
ORIGINAL.SUIT.NO. 686 OF 2015
Between:
Smt.M. Archana W/o Kiran Kumar, aged 38 years, Hindu, house wife residing at D.No.151261, Vinayakapuram, Chittoor town and district. … Plaintiff And:
N.Natarajan S/o Narasimhulu, aged about 42 years, Hindu, private employee, residing at D.No.151260, Vinayakapuram, Chittoor town and district. …Defendant
ORIGINAL.SUIT.N0. 691 OF 2015
Between:
N.Natarajan S/o Narasimhulu, aged about 42 years, Hindu, private employee, residing at D.No.151260, Vinayakapuram, Chittoor town and district.
… Plaintiff And:
01:: R.Kiran Kumar S/o Rajendra, aged about 40 years, Hindu, business.
02:: Smt.M. Archana W/o Kiran Kumar, aged 38 years, Hindu, house wife residing at D.No.151261, Vinayakapuram, Chittoor town and district.
…Defendants
This suit is coming on 20032023 for final hearing in the presence of Sri. K.Kumaraswamy, Advocate for the plaintiff and of Sri.
P.V.Chakravarthy Reddy, Advocate for Defendant in O.S.No.686/2015. Sri. P.V.Chakravarthy Reddy,Advocate for plaintiff and of Sri.K.Kumaraswamy, Advocate for the Defendants in O.S.No.691/2015 and having stood over for consideration till this day, the Court delivered the following:
COMMON JUDGMENT IN
ORIGINAL SUIT NO. 686 OF 2015
AND ORIGINAL SUIT NO. 691 OF 2015
O.S.No. 686 OF 2015 :
This is a suit filed by the plaintiff for grant of permanent injunction restraining the defendant, his men and agents from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property by way of permanent injunction and for costs.
02. In a nutshell, the brief averments of the plaint O.S.No. 686 OF 2015 are as follows:
The plaintiff submits that originally the plaint schedule property is government vacant site and she acquired the said land about 15 years back and by spending huge amount made the land fit for constructing the house and by recognizing her possession and enjoyment over the plaint schedule property, the revenue authorities has issued DKT patta bearing No. 06/07 dated. 13.4.2006 in the name of plaintiff for the land in survey No. 783/3 to an extent of Ac.19X28 sq. feet. The defendant is having a house on the northern side of plaint schedule property and the defendant do not have any manner of right, title over the plaint schedule property and the defendant has an evil eye to grab the plaint schedule property which is situated on the southern side and with an intention to club the defendants land and the vacant land, the defendant is tying to grab the plaint schedule property.
Immediately, after coming to know about the intention of the defendant, the plaintiff has warned the defendant not to commit any illegal acts for which the defendants has developed hostile attitude towards the plaintiff.
The plaintiff further submits that on 28.11.2015 at about 10.00 am while the plaintiff was in plaint schedule property for construction of house in it, the defendant along with his followers came to the plaint schedule property highhandedly, threatened the plaintiff and forcefully tried to obstruct the construction to encroach upon the vacant portion of the plaint schedule property but with great difficulty the plaintiff could resist the high handed acts of the defendants with the help of elders and thereafter the defendants has left the plaint schedule property proclaiming that he will renew his attempts. The defendant is highhanded and illegal person having large following of rowdy elements in the suit locality and that there is eminent danger to the property from the hands of the defendants and the defendants may renew their high handed acts to encroach the plaint schedule property at any point of time. Hence, the plaintiff is constrained to file the present suit against the defendants restraining them not to interfere with the plaint schedule property.
03. The brief averments of the written statement of O.S. 686/2015 in nut shell are as follows:
The defendant filed his detailed written statement by denying all the averments and submitted that originally the plaint schedule property is DKT house site and the government has issued DKT house site patta in favour of
Radhamma W/o N.Narasimhulu, who is the mother of the defendant herein under VHS patta No. 199/77 dated. 9.8.1977 and since then the said
Radhamma was in possession and enjoyment of the plaint schedule property by constructing a residential house and residing in the said house. The said
Radhamma has pledged the original VHS patta in Chittoor coop town bank limited and obtained loan of Rs.15,000/ on 17.04.1990 under loan No. 2588 to make repairs to her house. The said Radhamma died on 21.5.2000 leaving behind her the defendant and his brothers by names N. Kodandapani, N.
Subramanyam and N. Muniraj and N.Neelakantan as legal heirs to succeed her entire estate.
The defendant further submitted that his brothers by name N.
Kodandapani, N. Muniraj and N. Neelakantan died long back and his brother
N. Subramanyam is working as police constable and with the consent of him the defendant has paid loan amount in the Chittoor coop town bank and all the defendants put the defendant herein in exclusive possession and enjoyment of the plaint schedule property. Till the demise of mother of the defendant, he looked after her welfare and also performed her obsequies and since the date of her demise the defendant herein is in exclusive possession and enjoyment of the plaint schedule property. The plaintiff is residing on the southern side of the plaint schedule property in door No. 15/1261 and the plaintiff do not have any right over the plaint schedule property and on several occasions the plaintiffs family members demanded the defendant to sell the plaint schedule property to them for which the defendant refused the same, by stating that he has only two cents of house and the vacant site is used by him for his domestic purpose.
The defendant further submitted that the plaintiff has created false documents in order to knock away the plaint schedule property and the plaintiffs are never in possession and enjoyment over the plaint schedule property at any point of time and it is created with active collusion with revenue authorities and the revenue authorities did not issue any patta in the name of plaintiff and the said document is created for filing false suit against the defendant for wrongful gain. Hence the defendant prays to dismiss the suit.
04. On the strength of the above pleadings in O.S.No. 686/2015, the following issues are settled for trial by my predecessor:
01 :: Whether the plaintiff is in possession and enjoyment of the
schedule property ?
02 :: Whether the plaintiff is entitled to seek permanent injunction
against the defendant in respect of schedule property ?
03 :: To what relief the plaintiff is entitled for ?
O.S.No. 691/2015:
This is a suit filed by the plaintiff for grant of permanent injunction restraining the defendants, their men and agents from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property by way of permanent injunction and for costs.
05) In a nutshell, the brief averments of the plaint in O.S.No. 691 OF 2015 are as follows:
The plaintiffs submit that the plaint schedule property is government land originally the plaint schedule property is DKT house site and the government has issued DKT house site patta in favour of Radhamma
W/o N. Narasimhulu who is the mother of the plaintiff herein under VHS patta No. 199/77 dated. 9.8.1977 and since then the said Radhamma was in possession and enjoyment of the plaint schedule property by constructing a residential house and residing in the said house. The said Radhamma has pledged the original VHS patta in Chittoor coop town bank limited and obtained loan of Rs.15,000/ on 17.04.1990 under loan No. 2588 to make repairs to her house. The said Radhamma died on 21.5.2000 leaving behind her the plaintiff and his brothers by names N. Kodandapani, N.Subramanyam and N. Muniraj and N. Neelakantan as legal heirs to succeed her entire estate.
The plaintiff further submitted that his brothers by name
N. Kodandapani, N.Muniraj and N.Neelakantan died long back and his brother N.Subramanyam is working as police constable and with the consent of him the plaintiff has paid loan amount in the Chittoor coop town bank and all the brothers put the plaintiff herein in exclusive possession and enjoyment of the plaint schedule property. Till the demise of mother of the plaintiff, he looked after her welfare and also performed her obsequies and since the date of her demise the plaintiff herein is in exclusive possession and enjoyment of the plaint schedule property. The defendant is residing on the southern side of the plaint schedule property in door No. 15/1261 and the defendant do not have any right over the plaint schedule property and on several occasions the defendant family members demanded the plaintiff to sell the plaint schedule property to them for which the plaintiff refused the same by stating that he has only two cents of house and the vacant site is used by him for his domestic purpose.
The plaintiff further submitted that on 20.11.2015 at about 9.00 am the defendants and their men tried to trespass into the plaint schedule property and tried to dispossess the plaintiff from the vacant place by stating that they are having house site patta and with great difficulty the acts of the defendants were thwarted with the help of neighboring land owners and while leaving the place the defendants proclaimed that they will renew their attempts until the plaintiff accepted to sell away the plaint schedule property.
The plaintiff further submits that the defendants are proclaiming in the suit locality since 15 days that they are the absolute owners of the plaint schedule property. The defendant has created false documents in order to knock away the plaint schedule property and the defendants are never in possession and enjoyment over the plaint schedule property at any point of time and it is created with active collusion with revenue authorities and the revenue authorities did not issue any patta in the name of defendant and the said document is created for filing false suit against the plaintiff for wrongful gain. Hence, the plaintiff is contained to file the suit against the defendants for grant of permanent injunction.
06) The brief averments of the written statement of O.S.
691/2015 in nut shell are as follows:
The 1st defendant filed his detailed written statement by denying all the averments of the plaint and same is adopted by 2nd defendant. The defendant submit that as per the document that is filed by the plaintiff which is fourth document clearly shows that as on 18.6.1988 the loan debt is Rs.1/ and the loan was cleared and there is no loan in existence. The plaintiff utterly failed to file the documentary evidence to shows the relationship between plaintiff and original assignee of DKT patta and simply stated that he is the son of original assignee and without any document the relation between plaintiff and original assignee, the plaintiff is not entitle for the suit relief.
The defendant further submits that originally the family of defendant has acquired an extent of Ac.19X28 sq. feet in survey No. 783/3 about 15 years back and on representation, the then revenue authorities has recognized the possession and enjoyment of the defendants and issued DKT patta in the name of 2nd defendant on 13.04.2006 and later, the defendants have constructed residential house in it and to the said house on the northern side door number 15/1260 belongs to Radhamma and the same is mentioned in VHS patta which is issued in the name of 2nd defendant.
The defendant further submitted that the plaintiff is having house on the northern side of property of defendant and the plaintiffs do not have any right, title over the said house and with an evil intention to grab the property of the defendant which is vacant site and to club their property, the plaintiffs have made several attempts to grab the property of the defendants and the plaintiffs did not listen to the elders of the locality and having no other go the 2nd defendant has filed suit in O.S.No. 686/2015 on the file of I AJCJ Chittoor, as against the plaintiffs for grant of permanent injunction and after receiving summons in the said suit, the plaintiff herein has filed the present suit only to get wrongful gain. Hence, the suit is not maintainable and that there are no merits in the present suit and the suit is liable to be dismissed.
07) On the strength of the above pleadings in O.S. 691/2015 , the following issues are settled for trial :
01 :: Whether the plaintiff is in possession and enjoyment of the
plaint schedule property as on the date of filing of the suit ?
02 :: Whether the plaintiff is entitled to seek permanent injunction
as prayed for ?
03 :: To what relief the plaintiff is entitled for ?
08) As per the orders in I.A.450/2018 dt.14.11.2018 and orders in
TROP No.239/2017, both the suits in O.S.No. 686/2015 and O.S.No.
691/2015 are clubbed and the evidence of both the suits are recorded in
O.S.No. 686/2015. Hence, the parties are referred as arrayed in O.S.No.
691/2015.
09) During the course of trial, on behalf of the plaintiff, the plaintiff herself is examined as PW1 apart from P.W.2 to P.W.3. In addition to that
PW1 exhibited Ex.A1 to A5. On behalf of the defendant, the defendant himself is examined as DW1 apart from DW2 and got marked Ex.B1 to B8.
10) Heard the arguments on both sides. Perused the material available on record.
Issue No.1 in O.S.No. 686/2015 & Issue No.1 in O.S.No. 691/2015:
11) It is the case of plaintiff that, originally the suit schedule property is government land and she acquired the said land about 15 years back from the date of grant of patta and on several representations made by her, the then revenue authorities has issued patta on 13.4.2006 in the name of plaintiff and since then she has been in peaceful possession and enjoyment of the suit schedule property. To support the case of plaintiff she got her self examined as Pw1 and got marked Ex.A1 to A4. It is an admitted fact by the plaintiff and defendant that the suit schedule property in survey No. 783/3 is government land and there is no dispute with regard to the same. Moreover, it is also admitted by Pw1 to Pw3 and Dw1 and 2 that the defendants house is situated on the northern side of suit schedule property and also there is no denial with regard to the said aspect. The above said two aspects are admitted facts and they need not be proved as per sec. 58 of Indian Evidence
Act.
12) Now, it has to be looked whether PW1 was granted DKT patta in her name and she is in possession and enjoyment of the suit schedule property as on the date of filing of the suit. In the cross examination of Pw1, she submitted that she studied up to 8th standard at Thapovanam high school
Greamspet, Chittoor. The counsel for defendant at the time of arguments submitted that Pw1 was granted patta when she was a minor and to support his contention he has filed the study certificate of Pw1 under Ex.B7. The age of Pw1 is disputed as on the date of issuance of Ex.A1. From the evidence of
PW1 it is clear that she was married in the year 2005 and at the time of her marriage she was aged about 18 years. On perusal of Ex.B7 which is study certificate of PW1 demonstrates that PW1 studied at SMS high school
Thapovanam under admission No. 2989 and she studied in the said school from the year 2002 to 2004 from 6th to 9th standard. On perusal of Ex.B7 it is clear that Pw1 studied up to 9th standard and at the time of studying her age can be presumed that she might be aged about 14 years. So, as on 2004 Pw1 was aged about 14 years as per ExB7. On perusal of E.xA1, which is VHS patta issued in the name of PW1 and in the said document the age of PW1 was mentioned as 29 years. When Ex.B7 and A1 are compared, as per Ex.B7 as on 2004 Pw1 was aged about 14 years and Ex.A1 was issued in the year 2006 as stated by Pw1, the age of Pw1 is mentioned as 29 years. The difference between 2004 and 2006 is only two years but the age of Pw1 was drastically changed by mentioning 29 years. In the cross examination of Pw1 she submitted that Ex.A1 was issued after her marriage. According to Pw1 she was married in the year 2005 at the age of 18 years. But as per Ex.B7 as on 2005, pw1 was aged about 15 years. Hence, the issuance of Ex.A1 in the name of PW1 is highly doubtful and also VHS patta cannot be granted to a minor as per the Board standing orders. On thorough perusal of Ex.A1 the conditions which are mentioned in the back side of Ex.A1 clearly demonstrates that Ex.A1 is only valid for obtaining subsidy and housing loans. More over, there is no seal on the photographs of Pw1 in Ex.A1 which gives raise to doubt in the mind of this court with regard to the grant of
Ex.A1. Moreover Ex.A1 did not find any place with regard to the VHS patta number in it.
13) To further support the contention of Pw1 she has filed Ex.A2 which is encumbrance certificate for the land in survey No. 783/3 and on perusal of Ex.A2 it is issued with an observation that “the property mentioned not found in the records of registered documents”. The document that is relied by Pw1 under Ex.A2 did not prove the possession and enjoyment of
Pw1 over the suit schedule property. In the cross examination of Pw1 she submitted that the MRO or any other revenue authorities did not conduct any survey till today for the suit schedule property. Usually, at the time of granting VHS patta, after conducting due survey the revenue authorities shall grant VHS patta. Thus, from the evidence of Pw1 clearly demonstrates that Ex.A1 was surrounded with suspicious circumstances.
14) To further support the contention of plaintiff, she got examined one third party as Pw2 and in his cross examination he submitted that he know the defendant and his family members and again he deposed that he do not know who is Radhamma. As per the cross examination of Pw2 he is resident of the suit village but he failed to depose the adjacent land owner of the suit schedule property. In the further cross examination of Pw2 he submitted that Pw1 house is situated on the back side of defendant house and he do not know who has filed the present suit and he further deposed that he do not know about the patta that was granted by the government to the plaintiff. Dw2 deposed that he know the plaintiff and her husband since his childhood but he failed to depose whether the patta was granted to the plaintiff or not. Thus, Pw2 did not support the case of Pw1.
15) In the same manner one third party was examined as Pw3 and in her cross examination also she deposed that Pw1 and herself are members of
Mahila sangam and she did not see the patta which was granter in the name of Pw1, he do not know for what purpose the plaintiff filed the present suit.
Pw3 admitted that the house of plaintiff is situated on the back side of defendant house and there is a dispute with regard to vacant site which is situated in between plaintiff house and defendant house. Pw3 further deposed that she came to court to depose evidence at the request of plaintiff.
From the evidence of Pw3 it is well established that there are disputes between plaintiff and defendant with regard to vacant space which is situated in between their houses. Thus, Pw2 and Pw3 did not support the case of
Pw1.
ISSUE NO. 2 IN O.S.NO. 686/2015 & ISSUE NO.2 in O.S.No. 691/2015:
16) It is the case of defendant that DKT patta was granted in the name of his mother by name Radhamma and since then she has been in possession and enjoyment of the suit schedule property. To support the contention of
Dw1 he has filed Ex.A1 which is VHS patta standing in the name of
Radhamma. On perusal of Ex.B1, it is issued in the name of Radhamma for the land in survey No. 783/13 to an extent of Ac.0.02 cents. It is the contention of Dw1 that Radhamma had five sons including the defendant and she died on 21.05.2000. There is no dispute with regard to the demise of said Radhamma. The question that is to be decided is whether the defendant is in possession and enjoyment of the suit schedule property as on the date of filing of the suit. The suit in O.S. No. 686/2015 was filed for the land in survey No. 783/3 to an extent of Ac.19 X 28 feet and the suit in O.S.
791/2015 was filed for two items for the land in survey no. 783/2 to an extent of 25 X 20 feet and 25 X 15 feet. The survey numbers in both the suits are different and the document that is relied under Ex.B1 is different in nature. In the cross examination of Dw1, he submitted that Ex.B1 stands in the name of his mother and it is issued for the land in survey No. 783/13 to an extent of Ac.0.02 cents and he raised construction by leaving backyard place. Dw1 further deposed that the survey number in which he constructed the house is different from the suit schedule property that is claimed by Pw1.
Dw1 admitted that pw1 constructed zinc sheet roof house in survey No.
783/3. From the cross examination of Dw1 it is elicited that the plaintiff and defendant are relatives and the mother of first defendant in O.S.No.
791/2015 is sister of Dw1. The counsel for plaintiff tried to elicit in the cross examination of Dw1 that the property between the mother of 1st defendant in
O.S. 791/2015 and Dw1 herein is not properly done and that there are
disputes between them due to which there are no talking terms. This is not the case to decide about the partition between Dw1 and 1st defendant in O.S.
791/2015. Moreover the relief sought in the present suit is quite different.
Dw1 further deposed about the boundaries and the said boundaries are tallied with the plaint schedule property. Dw1 submitted that there is a cement road on the eastern and northern side of his house and also there is a vacant land of 10 feet in front of his house. Dw1 admitted that after demise of his mother his name was not mutated in the municipal records, but he failed to depose as to the reason why his name was not mutated in the municipal records since 2000. Dw1 further deposed that he do not know the exact measurements of the house as it was constructed by his father. DW1 further deposed that patta was granted in the name of his mother about 40 years back. From the evidence of Dw1 it is clear that the suit schedule property and the property that is covered under Ex.B1 are different survey numbers. To support his further contention he has filed Ex.B2 and B3 which are electricity bills and tax receipts. On perusal of Ex.B2 it is standing in the name of Radhamma and the name of DW1 is not mutated in it. Moreover, both Ex.B2 and B3 does not disclose that they are pertaining to the suit schedule property in survey No. 783/2. On perusal of Ex.B4, which is town bank pass book, as per the contention of Dw1 his mother has obtained a loan for an amount of Rs.15,000/ from the Chittoor coop bank and Ex.B4 is pertaining to the said loan. The present dispute in hand is not with regard to the loan amount. Moreover Ex.B4 is pertaining to the land in survey No 783/13 but not the suit schedule property in O.S.No.791/2015. Ex.B5 and
B8 are the photographs that are filed by Dw1. Ex.B6 is the rough sketch and it is self prepared document and it is only filed for proper understanding of the court.
17) To support the contention of DW1 he has examined one third party as Dw2 and in her cross examination she submitted that Dw1 is her brother in law and she do not know when her mother in law was granted
DKT patta as the patta was granted prior to her marriage. Dw2 further failed to depose when the mother of Dw1 has pledged and obtained loan.
Dw2 admitted about the demise of Radhamma in the year 2000. Dw2 further deposed that the house which was constructed by her mother in law was not yet partitioned and all the L.Rs are having share in it. In the written statement of Dw1 he submitted that all the brothers agreed to enjoy the property by Dw1 and Dw2 deposed that they are having share in it which clearly demonstrates that Dw1 did not bring the truth before the court. Dw2 deposed that she do not know the survey number, extent of DKT patta which was granted to her mother in law. DW2 further submitted that there is a vacant site existing in between the house of DW1 and a house was constructed in the said vacant site by the first defendant in O.S. 791/2015.
From the cross examination of Dw2 it is also elicited that the plaintiffs are also relatives to the defendants. Dw2 did not support the case of defendant.
18) From the evidence of Dw1 and Dw2, the defendants failed to prove that they are in possession and enjoyment of the suit schedule property in
OS.No. 791/2015. In the said circumstances, both plaintiff and defendants
failed to prove that they are in possession and enjoyment of the properties in both the suits.
Accordingly, Issue no 2 in O.S.NO. 686/2015 & Issue no 2 in
O.S.No. 691/2015 are answered.
19) ISSUE NO 3 in O.S.NO. 686/2015 & Issue no 2 in O.S.No.
691/2015 : In view of findings in issue No.1 & 2, the plaintiff and defendants are not entitled for the relief as sought by them in the plaint.
20) RESULT:
In the result, O.S.No.686/2015 and O.S.No.691/2015 are
dismissed without costs, in the interests of justice.
Typed to my dictation, corrected and pronounced by me in the open court on this, the 19th day of April, 2023.
I ADDL. JUNIOR CIVIL JUDGE,
CHITTOOR.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PLAINTIFFS:
PW1 : M.Archana P.W.2 : N.C. Dorairajulu P.W.3: N.Shafeena
DEFENDANTS:
DW1 : N.Nataraj DW2 : R.Nalini
EXHIBITS MARKED FOR
PLAINTIFFS:
Ex.A1 :: Original DKT patta/possession certificate dt.13.4.2006 issued by the MRO, Chittoor.
Ex.A2 :: Encumbrance certificate dt.17.11.2015.
Ex.A3 :: Two photographs with CD.
Ex.A4 :: Rough sketch.
Ex.A5 :: Two Photographs along with CD.
DEFENDANTS:
Ex.B1Original house site patta dated 09.08.1977
Ex.B2Bunch of electricity bills
Ex.B3Municipal tax demand notice
Ex.B4Town bank Pass Book stands in the name of mother of plaintiff
Ex.B5Photographs (4 in Nos) along with C.D.
Ex.B6Rough Sketch
Ex.B7Study certificate of plaintiff (Archana) dated 15.02.2017.
Ex.B8Photographs (3 in Nos) along with C.D.
I ADDL. JUNIOR CIVIL JUDGE,
CHITTOOR.
IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE
CHITTOOR.
PRESENT: Smt.P. SANTHI,
I ADDL. JUNIOR CIVIL JUDGE,
CHITTOOR.
Wednesday, the Nineteenth (19 th ) day of April, 2023.
ORIGINAL.SUIT.NO. 686 OF 2015
Between:
Smt.M. Archana W/o Kiran Kumar, aged 38 years, Hindu, house wife residing at D.No.151261, Vinayakapuram, Chittoor town and district. … Plaintiff And:
N.Natarajan S/o Narasimhulu, aged about 42 years, Hindu, private employee, residing at D.No.151260, Vinayakapuram, Chittoor town and district. …Defendant
This is a suit filed by the plaintiff for grant of permanent injunction restraining the defendant, his men and agents from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property by way of permanent injunction and for costs.
Plaint presented on: 30.11.2015 Plaint filed on : 30.11.2015
Particulars of valuation:
Market value of the suit schedule property Rs.1,00,00000
Notional value of the suit for the purpose of court fee Rs.10,00000 and jurisdiction
CF paid thereon U/Sec.26(c) of APCF and SV ActRs.78600
The cause of action for the suit arose arose 15 years back the plaintiff occupied the paint schedule vacant site and on 13.4.2006 when the government has granted DKT patta in favour of plaintiff and on 28.11.2015 at about 10.0 am when the defendant and his followers high handedly tried to interfere ad encroach upon the suit schedule property and tried to club the same and continues day to day at Vinayakapuram, Chittoor town and district where the suit schedule property is situated and within the jurisdiction of the
Hon’ble Court.
This suit is coming on 16032023 for final hearing in the presence ofSri. K.Kumaraswamy,Advocate for the plaintiff and of Sri.P.V.Chakravarthy Reddy, Advocate for Defendant and having stood over for consideration till this day, this court’s doth order and decree as follows:
1. that the suit be and the same is hereby dismissed.
2. that there be an order as “no costs”.
Given under my hand and the seal of the Court this the 19th day of April, 2023.
I Additional Junior Civil Judge,
Chittoor.
STATEMENT OF COSTS
Description Plaintiff Defendant (certified) (certified)
1) Stamp on plaint:78600
2) Stamp on vakalath:200200
3) Advocates fees: 3,50000
4) Process fee:Cost memo not filed. Hence other costs not
4) Typing charges10000 certified.
5) Writing charges10000
Total78800 3,70200
S C H E D U L E
Chittoor district – Chittoor sub district Chittoor town and Municipal corporation Vinayakapuram House vacant site situated in survey No.783/3. Measuring : NorthSouth : 19 feet East West : 28 feet Total : 532 Sq. feet. Situated within the following boundaries : North : House bearing D.No.151260 belongs to M. Radha (defendant’s wife) South : House bearing D.No. 151261 belongs to Kalavathi. East : Way West : House bearing D.No.151263 belongs to Srinivasulu.
I Additional Junior Civil Judge,
Chittoor.
IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE
CHITTOOR.
PRESENT: Smt.P. SANTHI,
I ADDL. JUNIOR CIVIL JUDGE,
CHITTOOR.
Wednesday, the Nineteenth (19 th ) day of April, 2023.
ORIGINAL.SUIT.N0. 691 OF 2015
Between:
N.Natarajan S/o Narasimhulu, aged about 42 years, Hindu, private employee, residing at D.No.151260, Vinayakapuram, Chittoor town and district. … Plaintiff And:
01 :: R.Kiran Kumar S/o Rajendra, aged about 40 years, Hindu, business.
02 :: Smt.M. Archana W/o Kiran Kumar, aged 38 years, Hindu, house wife residing at D.No.151261, Vinayakapuram, Chittoor town and district.
…Defendants
This is a suit filed by the plaintiff for grant of permanent injunction restraining the defendants, their men and agents from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property by way of permanent injunction and for costs.
Plaint presented on: 07.12.2015 Plaint filed on : 08.12.2015
Particulars of valuation:
Value of the plaint schedule property ie house and Rs.3,00,00000 house vacant site (approximate value as it is a DKT land)
Notional value of the plaint schedule property is Rs.30,00000
CF paid thereon U/Sec.26(c) of APCF and SV ActRs.1,78600
The cause of action for the suit arose arose on 98.08.1977 when the house site patta issued in the name of the mother of the plaintiff and on the date of construction of residential house by the mother of the plaintiff in the art of the plaint schedule property and on 17.4.1990 when the mother of the plaintiff obtained loan from the Chittoor coop town bank limited and on 21.05.2000 when the mother of the plaintiff died and when the defendants number of times demanded the plaintiff to sell away the paint schedule property to them and when the plaintiff refused to sell the plaint schedule property and on 20.11.2015 when the defendants and their men tried to trespass into the plaint schedule property and when the defendants proclaimed that they are the owner of the plaint schedule property and they will renew their attempts in future and continuous dedieindiem at Vinayakapuram, Chittoor town and district where the suit schedule property is situated and within the jurisdiction of the Hon’ble Court.
This suit is coming on 16032023 for final hearing in the presence ofSri.P.V.Chakravarthy Reddy,Advocate for plaintiff and of Sri.K.Kumaraswamy, Advocate for the Defendants and having stood over for consideration till this day, this court’s doth order and decree as follows:
1. that the suit be and the same is hereby dismissed.
2. that there be an order as “no costs”.
Given under my hand and the seal of the Court this the 19th day of April, 2023.
I Additional Junior Civil Judge,
Chittoor.
STATEMENT OF COSTS
Description Plaintiff Defendant (certified) (certified)
1) Stamp on plaint:1,78600 Costs memo not filed.
2) Stamp on vakalath:200 Hence costs not certified.
3) Advocates fees: 3,50000
4) Process fee:26000
4) Typing charges10000
5) Writing charges10000
Total5,74800
S C H E D U L E
Item No.1:
Chittoor district – Chittoor sub district Chittoor town and Municipal corporation Vinayakapuram government house, vacant site situated at survey No.783/0.02 cents.
EastWest : 25 feet North – south : 20 feet in this constructed RCC building measurements within the following boundaries :
East : 5 feet path way West : House of Srinivasulu North : Road South : Vacant site of plaintiff.
Item No.2 vacant site: East west : 25 feet Northsouth : 15 feet in this vacant within the following boundaries :
East : 5 feet path way West : House of Srinivasulu North : House of plaintiff. South : House Kalavathi.
I Additional Junior Civil Judge,
Chittoor.