O.S.No. 4109 of 2022 1 Dt. 03-07-2024
IN THE COURT OF THE III ADDITIONAL JUNIOR CIVIL JUDGE-CUM-
JUDICIAL MAGISTRATE OF FIRST CLASS, HANUMAKONDA
Wednesday, the 3rd day of July, 2024
Present: Smt. Priyanka Sircilla III-Addl. Junior Civil Judge-cum- Judl Magistrate of First Class, Hanamkonda
ORIGINAL SUIT NO. 4109 OF 2022
(old O.S. NO. 218 OF 2008)
Between :
1.Gade Rajender Reddy (DIED) per L.Rs. plaintifs o.2 and 3;
2.Smt. Gade Padmalatha, D/o. Late Gade Stanislas Reddy, W/o. Basani Bala Chinnappa Reddy, Age: 51 years, Occ: School Assistant, R/o. H. o.24-6-112, Fatimanagar, Darga Kazipet, Warangal District;
3.Smt. Gade Premalatha, D/o. Late Gade Stanislas Reddy, W/o. Thumma Anthony Rajareddy, Age: 49 years, Occ: Govt. Emp, R/o. H. o.24-6-36, Fatimanagar, Darga Kazipet Town, Warangal District; (Plaintifs o.1 and 2 impleaded as per the orders in I.A. o.200/2020 Dt.21-09-2020)
... Plaintiff
AND
1.Islavath Pullaiah, S/o. Hamu, Age: 50 years, Occ: Labour, R/o. H. o.1-1-123/7, Prashanth agar, Waddepally, Hanamkonda;
2.Manga Lingaiah, S/o. Kommalu @ Komuraiah, Age: 43 years, Occ: Business, R/o. H. o.4-65, Penchikalapet Village, Athmakur Mandal, Warangal District;
... Defendantf
This suit is coming up before me on 12.01.2024 for hearing in the presence of Sri Syed Jafer Ahmed, Advocate for Plaintifs, and of Sri Y.Sreeraghava Rao, Advocate for Defendants, and upon perusing the material on record and having the matter stood over for consideration this Court has delivered the following:
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J U D G M E N T
1)This suit is fled by the plaintifs under Section 26 read with Order
VII Rule 1 of Civil Procedure Code for grant of permanent injunction restraining the defendants, their agents, representatives, workmen, etc. in any way interfering with the peaceful possession and enjoyment of the plaintif/s over the suit schedule plot (or) from conveying the suit schedule plot in favour of third parties by way of sale or otherwise and to award costs of the suit.
2) The avermentf in the afdavit accompanying the plaint are :
[a]Late Gade Show Reddy, the father of late Gade Stanislas Reddy and
G.Jaya Prakash Reddy, who is the paternal grandfather of the plaintif, was the absolute owner and possessor of the land measuring Ac.6-15 gts and
Ac.4-20 gts covered by Sy. o.93/A (old) corresponding to Sy. o.115/A (new) and Sy. o.102 (old) corresponding to Sy. o.128 (new) respectively situated at Prakashreddypet village, Kazipet Jagir, Hanamkonda Mandal,
Warangal District. During their life time Gade Show Reddy and Gade
Stanislas Reddy have cultivated the said land till 1976 and later stopped since many houses were constructed in the vicinity of said lands.
[b].It is further pleaded that the oral partition was taken place between his father Gade Stanislas Reddy and his brother Gade Jayaprakash Reddy on 15-06-1977 during the life time of their parents in respect of
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immovable property held by their father later Gade Show Reddy according to meets and bounds. Gade Show Reddy did not claim any share in the said land and house. In the said partition, Ac.3-07½ gts and Ac.2-10 gts each covered by Sy. o.115/A and 128 respectively situated at Prakashreddypet village, Kazipet Jagir, Hanamkonda Mandal, Warangal District were fallen to the share of late Gade Stanislas Reddy and G.Jayaprakash Reddy. As per the declaration given by late G.Show Reddy before the Special Ofcer,
U.L.C., the plaintiffs father and G.Jaya Prakash Reddy are entitled to get equal share.
[c].It is further pleaded that though the said lands were partitioned among late Gade Stanislas Reddy and G.Jayaprakash Reddy, patta in respect of such lands continued to be recorded in the name of Gade Show
Reddy in revenue records. Thereafter, late Gade Stanislas Reddy during his life time converted the land measuring Ac.2-10 gts forming part of
Sy. o.128 into house plots in or about the year 1980 and the plot os.25 to 46 fell to the share of late Stanislas Reddy which were under his occupation till his demise on 08-06-2004.
[d].It is further pleaded that late G.Stanislas Reddy died intestate leaving behind him, Smt. Gade akshatramma his widow, Gade Rajender
Reddy the plaintif and two daughters as his legal representatives and successor. Smt. Gade akshatramma being one of heir and successor had
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transferred the plot o.39 admeasuring 496 Sq.Yds in Sy. os.102 (old) corresponding to 128 of Kazipet Jagir, Hanamkonda, which is hereinafter called as the suit schedule property, in favour of the plaintif under
Registered Gift Deed vide Doc. o.12051/2007.
[e].Whereas, the defendants without having any right or claim, are trying to sell away the suit schedule property to third parties.
Subsequently on 20-02-2008 the defendants o.1 and 2 tried to trespass into the suit schedule plot and demarcate the same by fxing boundaries, the plaintif rushed to the suit plot and restrained the defendants and questioned their property, but the defendants abused and threatened the plaintif to dispossess him and tried to manhandle him with association of unsocial elements. The plaintif apprehends danger in the hands of defendants and in order to protect his land he was constrained to fle the suit. Hence, the suit.
[3]. The avermentf of written ftatement fled by the defendant No.2,
which waf adopted by the defendant No.1, are :
[a].The defendants admitted that late Gade Anthonamma and Gade
Show Reddy had two sons namely Gade Stanislas Reddy and Gade
Jayaprakash Reddy. It is pleaded that fling of declaration by Gade Show
Reddy before the competent authority will not confer any ownership on the plaintif.
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[b].It is pleaded that, originally Gade Show Reddy was the pattedar of land in Sy. o.102 of Kazipet Jagir, Warangal district. Said Gade Show
Reddy sold away the open plot o.39/B to an extent of 248 Sq.yds in favour of defendant o.1 within the boundaries of East: Owners land,
West: plot of Islavath Beemla, orth: 30 feet wide road, South: plot o.42, with delivery of possession under notarized Agreement of Sale and
Receipt vide Doc. o.356 Dt.08-11-1986 at Sri V.Rajeshwar Rao, Advocate otary, Warangal. Gade Stanislas Reddy is one of the attestor and witness to the said document and the same got impounded before the Revenue
Divisional Ofcer, Warangal, vide Dis. o.B3949/2007 dated September, 2007. The defendant o.1 purchased the suit schedule property with valuable consideration and enjoyed with all attendant and ownership rights. In turn the defendant o.1 sold out the schedule property to the defendant o.2 through Registered Sale Deed bearing Doc. o.396/2008
Dt.22-01-2008 with delivery of possession and since then the defendant o.2 is in peaceful possession over the suit schedule property.
Immediately after purchase the defendant o.2 purchased pucca shed and residing in that plot.
[c].It is further pleaded that Gade Show Reddy sold away the plots and oral partition between said Gade Jayaprakash Reddy and his family members was taken place prior to 1990, ever since the predecessor of
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defendant o.2 is in peaceful possession since 1986. Subsequently the defendant o.2 is in peaceful possession and enjoyment with pucca shed since the day of his purchase. As such the plaintif or his father are no way concerned and they never in possession over the suit schedule property.
[d].It is further pleaded that the plaintif has also fled OS. o.985 of 2004 on the fle of II-Addl. Junior Civil Court, Warangal, against his paternal uncle Gade Jayaprakash Reddy for permanent injunction with regard to other properties and the same was dismissed on13-08-2007 and became fnal. But after lapse of 20 years the the plaintif fled the present suit with ill motive though there is no cause of action to fle the suit and with in view of hiking the market value in surrounding area.
[e].It is further pleaded in the additional written statement that the deceased plaintif was never in possession of the suit schedule property and no title accrued by him, subsequently the deceased legal heirs did not get any right, title and possession over the suit land and prayed to dismiss the suit with exemplary costs.
[4]. On the strength of the aforementioned pleadings of plaintifs and the defendants, the following issues are settled for trial:
1) Whether the plaintif if entitled for permanent injunction af prayed for?
2) If fo, to what relief?.
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[5].On 08-07-2019 the defendant o.2 has fled the additional written statement and the same was adopted by the defendant o.1, and pleaded that, it is settled position of law that the suit for injunctions are right in personal but not right in rem and does not get extinguished with death of party thereto. The legal heirs of deceased have no locus standi to contest the suit and they are class-II legal heirs and when Class-I legal heirs are available, these legal heirs have no right to claim the schedule property.
The plaintifs o.2 and 3 are also not having any right to sue unless they are declared as legal heirs of deceased by competent civil court and that they have no locus standi to contest the suit. Hence, the suit is devoid of merits and prayed to dismiss the suit with exemplary costs.
[6].Basing on the strength of the aforementioned additional pleadings of the defendants the following additional issue was framed :
3) “Whether the caufe of action furvivef after death of deceafed fole plaintif??
[7]. To prove their respective contentions, on behalf of the plaintifs, the deceased plaintif o.1 was examined himself as PW.1 and got marked
Exs.A1 to A26. Also got examined one L.Venugopal Reddy as PW.2 and the plaintif o.3 was examined as PW.3.
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[8]. Ex.A1 is the original Gift Settlement deed Dt.20-12-2007 executed by G. akshatramma; Ex.A2 is the true copy of Pahani for the year 1980-81 issued by Deputy Tahsildar, Hanamkonda; Ex.A3 is the true copy of Pahani for the year 2000-01 issued by Deputy Tahsildar, Hanamkonda; Ex.A4 is the certifed copy of Pahani for the year 1979-80 issued by Deputy Tahsildar,
Hanamkonda; Ex.A5 is the Encumbrance Certifcate Dt.25-02-2004 for the land in Sy. o.115/A, 93/A for an extent of Ac.6-15 gts; Ex.A6 is the
Encumbrance Certifcate Dt.01-03-2004 for the land in Sy. o.93/A with certifcate o.2037; Ex.A7 is the Encumbrance Certifcate Dt.08-06-2004 for the land in Sy. o.115/A, 93/A for an extent of Ac.0-80 gts; Ex.A8 is the
Encumbrance Certifcate Dt.01-03-2004 for the land in Sy. o.93/B with certifcate o.2038; Ex.A9 is the Encumbrance Certifcate Dt.10-03-2004 for the land in Sy. o.115, 129, 102 for an extent of Ac.2-06 gts; Ex.A10 is the Encumbrance Certifcate for the land in Sy. o.102 with Certifcate o.2039; Ex.A11 is the certifed copy of Death Certifcate of Gade Show
Reddy Dt.07-04-1995; Ex.A12 is the Encumbrance Certifcate Dt.14-09- 2006 for the land in Sy. o.102 and 128 with certifcate o.9922; Ex.A13 is the Encumbrance Certifcate Dt.14-09-2006 for the land in Sy. o.115/A, 93/A for an extent of Ac.6-00 gts with certifcate o.9921; Ex.A14 is the
Encumbrance Certifcate Dt.14-09-2006 for the land in Sy. o.115/B, 93/B with certifcate o.9917; Ex.A15 is the certifed copy of Road Tax Receipt
Dt.23-01-1979 paid to Gram Panchayath, Kazipet; Ex.A16 is the certifed copy of Property Tax Receipt relating to the year 1979; Ex.A17 is the
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certifed copy of order given by Special Ofcer, Urban Land Ceiling,
Warangal, Dt.21-06-2005; Ex.A18 is the certifed copy of Legal otice
Dt.09-03-2004 issued by one Gade Jayaprakash Reddy through his counsel to plaintif o.1 and his father; Ex.A19 is the certifed copy of Registered
Sale Deed Dt.03-05-1997 executed by plaintiffs father in favour of
Premchand Tagore; Ex.A20 is the certifed copy of Registered Sale Deed
Dt.25-03-2003 executed by Gade Jayaprakash Reddy in favour of
D.Rajeshwar Rao; Ex.A21 is the certifed copy of list of partition Dt.15-06- 1997; Ex.A22 is the certifed copy of Encumbrance Certifcate for the land in Sy. os.108, 102 for an extent of ac.4-11 gts; Ex.A23 is the certifed copy of petition afdavit in I.A. o.5013/2007 in OS. o.985/2004 on the fle of
II-Addl. Junior Civil Judge, Warangal; Ex.A24 is the certifed copy of written statement fled by Def. o.1 in OS.985/2004 on the fle of II-Addl. Junior
Civil Judge, Warangal; Ex.A25 is the counter afdavit fled by respondent
o.1 in IA. o.1418/2004 in OS. o.985/2004 on the fle of II-Addl. Junior
Civil Judge, Warangal; Ex.A26 is the Caveat Petition Afdavit o.61/2004
on the fle of Principal Senior Civil Judge, Warangal.
[a].On behalf of defendants, the defendant o.2 was examined as DW.1 and got marked Exs.B1 to B4, also got examined one Reguri Sammi Reddy as DW.2 and also got examined one Thoutireddy Manohar Reddy as DW.3.
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[b]. With regard to exhibits, Ex.B1 is the Original Agreement of Sale
Dt.08-11-1986 (duly impounded); Ex.B2 is the Original Registered Sale
Deed Doc. o.396/2008 Dt. 22-01-2008; Ex.B4 is the Receipt
Dt.12-11-1986.
[9].Heard the learned counsel for the Plaintifs and the learned counsel for the defendants. Perused the material on record.
[10]. ISSUES NO.1 TO 3:
It is the case of the plaintif that his grandfather Gade Show Reddy was the absolute owner and possessor of the land Ac.6-15 gts and Ac.4-20 gts covered by Sy. o.93/A (old) corresponding to Sy. o.115/A (new) and
Sy. o.102 (old) corresponding to Sy. o.128 (new) respectively situated at
Prakashreddypet village, Kazipet Jagir, Hanamkonda Mandal, Warangal
District. Late Gade Anthonamma and her husband had begotten two children namely Gade Stanislas Reddy and G.Jaya Prakash Reddy. During their life time Gade Anthonamma and Gade Stanislas Reddy had cultivated the said land till 1976 and later stopped since many houses were constructed in the vicinity of said lands. As per the declaration by late
G.Show Reddy before the Special Ofcer, ULC, both the plaintiffs father and G.Jayaprakash Reddy are entitled to get equal share and after death of his grandmother Gade Anthonamma on 14-01-1990, an oral partition was made between his father Gade Stanislas Reddy and his paternal elder
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father Gade Jayaprakash Reddy and 1875 Sq.Yds each was fallen to their shares. An oral partition was taken place between his father Gade
Stanislas Reddy and his brother Gade Jayaprakash Reddy on 15-06-1977 during the life time of their parents in respect of immovable property held by their father later Gade Show Reddy. In the said partition, Ac.3-07½ gts and Ac.2-10 gts each covered by Sy. o.115/A and 128 respectively situated at Prakashreddypet village, Kazipet Jagir, Hanamkonda Mandal, Warangal
District, was fallen to the share of late Gade Stanislas Reddy and
G.Jayaprakash Reddy. The plaintiffs father i.e. Gade Stanislas Reddy during his life time converted the land measuring Ac.2-10 gts forming part of Sy. o.128 into house plots in or about the year 1980 and the plot
os.25 to 46 fell to the share of late Stanislas Reddy which were under his
occupation till his demise and on 08-06-2004 Stanislas Reddy died intestate by leaving the plaintif, his widow Smt. Gade akshatramma and plaintifs o.2 and 3. After death of his father, the mother of plaintif Smt.
Gade akshatramma transferred the suit schedule property i.e. plot o.39 admeasuring 496 Sq.Yds in Sy. os.102 (old) corresponding to 128 of
Kazipet Jagir, Hanamkonda, under Regd. Gift Deed vide Doc. o.12051/07.
Exs.A4 shows that Gade Show Reddy, who was grandfather of plaintif, is the pattedar and possessor of the land Ac.6-15 gts and Ac.4-20 gts covered by Sy. o.93/A (old), Sy. o.115/A (new), and Sy. o.102 (old), Sy. o.128 (new) respectively situated at Kazipet, Hanamkonda Mandal, Warangal
District. Ex.A5 shows that Gade Jayaprakash Reddy executed sale deeds in
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favour of several persons in respect of plot os.47, 14, 24, 51, in
Sy. o.93A, Plot os.7, 12, 11, 21 in Survey o.93/B, & plot os.18, 17 in
Survey os.115/A 115/B shows in Ex.A7. Ex.A9 shows that Gade
Jayaprakash Reddy executed sale deed in respect of house in Sy. o.102, plot o.4/A,11 in Sy. o.102, other plots in Sy. o.118. Ex.A12 shows that
Gade Jayaprakash Reddy executed sale deed in respect of plot os.1 to 14 and 22 in Sy. os.102, 128. Ex.A13 shows that Gade Jayaprakash Reddy executed sale deed in respect of plot os.14, 47 in Sy. os.93/A. Ex.A14 shows that Gade Jayaprakash Reddy executed sale deed in respect of plot
os.48 in Sy. os.93/B. Ex.A6 shows that Gade Show Reddy executed sale
deeds in favour of several persons in respect of plot os.10, 11, 35, 36, 56 in 93/A. Ex.A10 shows that Gade Show Reddy executed sale deeds in favour of several persons in respect of plot os.19, 33, 37, 43, 44, 45, 40, 47, in 102. Ex.A8 shows that G.Anthonamma executed sale deeds in favour of several persons. Ex.A9 shows that Gade Rajender Reddy executed sale deeds in favour of several persons in respect of plots in Sy. o.115. Ex.A11
Gade Show Reddy died on 28-08-1989 and Gade Anthonamma died on 14-01-1990. Ex.A12 shows that Gade Jayaprakash Reddy executed sale deeds in favour of several persons in respect of plot os.9/A, 9/B, 12, 35, 36 in Sy. o.128. Ex.A12 further shows that Gade Stanislas Reddy and
Gade Rajender Reddy had executed registered sale deeds in respect of plot o.35,36 in Sy. o.128 and also plot os.35, 36 in Sy. o.108. Exs.A15,
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A16 shows that in the year 1979 Gade Stanislas Reddy had paid taxes to the Gram Panchayath, Kazipet jagir, Warangal.
[11]. To prove his contentions the PW.1 has fled Exs.A1 to A26. On perusal of Ex.A1, on 20-12-2007 Gade akshatramma, W/o. late Gade
Stanislas Reddy, had transferred the suit schedule property i.e. the plot o.39 in Sy. o.128 (new), Kazipet Jagir Revenue (V), Hanamkonda Mandal,
Warangal District, to an extent of 496 Sq.Yds. That on perusal of Ex.A.17 the declaration made by late G.Show Reddy before the Special Ofcere Urban
Land Ceilinge Warangale that his two sons namely Gade Stanislas Reddy and
G.Jayaprakash Reddy are entitled to get equal share. Ex.A21 i.e. the list of partition shows that on 15-06-1977, Gade Stanislas Reddy and Gade
Jayaprakash Reddy have reduced into writing about partition of the lands of their father Gade Show Reddy. Whereas the Ex.A21 is not showing which land was inherited by the Gade Stanislas, more particularly in which survey number Gade Stanislas Reddy acquired the land. The same was admitted by the PW.1 during the cross examination that there is no survey numbers mentioned.
[12]. Whereas, the other documents i.e. Exs.A4 to A11 shows the Gade
Jayaprakash Reddy had made out the plots in the land in Sy. o.108 of
Kazipet and sold out to diferent persons and Gade Jayaprakash Reddy had made out plots in the land in Sy. os.102, 93/B (old) 115/B (new) of
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Kazipet. Further the Ex.A22 shows that Gade Stanislas Reddy and Gade
Rajender Reddy have executed a sale deed in favour of Shyamala Sunder
Reddy in respect of plot o.35 in Sy. os.108 of Kazipet Jagir,
Hanamkonda.
[13]. Further the Ex.19 shows that on 03-05-1997 Gade Stanislas Reddy had executed a Registered Sale Deed in favour of Premchand Tagore in respect of open plot to an extent of 375 Sq.Yds in Sy. os.93/B (old) 115/B (new) at
Kazipet Jageer, Hanamkonda Mandal, Warangal district; Ex.20 shows that on 25-03-2003 Gade Jayaprakash Reddy had executed a Registered Sale
Deed in favour of Sri Durganala Rajeshwar Rao in respect of open plot to an extent of 396 Sq.Yds in Sy. o.102 at Kazipet Jageer, Hanamkonda
Mandal, Warangal district; The Exs.A23 to A26 shows that Gade Stanislas
Reddy and Gade Rajender Reddy had fled a Caveat o.61 of 2004 and also suit in OS. o.985 of 2004 on the fle of II-Addl. Junior Civil Court,
Warangal, against Gade Jayaprakash Reddy and Gade Shyamsunder Reddy.
[14]. Whereas, the defendants without having any right or claim are trying to sell away the suit schedule property to third parties and on 20-02-2008 the defendants o.1 and 2 tried to trespass into the suit schedule plot and demarcate the same by fxing boundaries, the plaintif rushed to the suit plot and restrained the defendants and questioned their property, but the
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defendants abused and threatened the plaintif to dispossess him and tried to manhandle him with association of unsocial elements.
[15]. That as seen from the evidence of PW.1 which is nothing but the reiteration of the plaint averments.
During the course of cross examination the PW.1 deposed that
There is oral partition took place between his father and his brother Jaya
Prakash Reddy and there is no document evidencing the said partition. He further deposed that by the date of said partition he was aged 5 years. He further deposed that in the year 1981 plotting was done in the survey numbers 93/A, 115/A. PW.1 further deposed that only to some extent of land in that survey number was sold away. But the PW.1 has not clearly deposed about how much extent of land was sold away in the said survey numbers. That on perusal of Exs.A17 Gade Show Reddy has declared that his two sons Gade Stanislas Reddy and Gade Jayaprakash Reddy are entitled to equal shares in his property.
[15a]. Whereas it is the specifc contention and evidence of the defendant/ DW.1 that Gade Show Reddy was the pattedar of land in
Sy. o.102 of Kazipet Jagir, Warangal district, Gade Show Reddy sold away the open plot o.39/B to an extent of 248 Sq.Yds in favour of defendant o.1 under notarized Agreement of Sale and Receipt vide Doc. o.356
Dt.08-11-1986 at Sri V.Rajeshwar Rao, Advocate otary, Warangal, and
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Gade Stanislas Reddy is one of the attestor and witness to the said document and the same got impounded before the Revenue Divisional
Ofcer, Warangal, vide Dis. o.B3949/2007 dated September, 2007. But the defendants did not plead within which boundaries plot o.39/B was sold to defendant o.1.
[15b]. Whereas, in contrary, the Ex.B1 i.e. notarized Agreement of Sale and Receipt vide Doc. o.356 Dt.08-11-1986, shows that on 08-11-1986
Gade Show Reddy had sold out the plot o.39/B to an extent of 248 Sq.Yds in Sy. o.102 of Kazipet Jagir to one Islavath Pullaiah, within the boundaries of East: owners land; West: Plot of Islavath Beemla; orth: 30 feet wide road; and South: plot o.42. Further Ex.B2 shows that on 22-01- 2008 the defendant o.1/Islavath Pullaiah sold out the same land to defendant o.2/Manga Lingaiah.
[15c]. That as seen from the evidence of PW.3, during the life time of his father, Ac.2-08 gts, Plots o.1 to 24 enmarked by her paternal uncle out of his share and plots os.25 to 46 is the share of her father including the suit schedule property plot o.39 and her father never sold or alienated the suit plot. Further during the cross examination PW.2 admitted that few plots were sold out during the life time of G.Show Reddy, in which the father of PW1 and Jayaprakash Reddy stood as attesting witnesses. PW.2
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was confronted with the Agreement of Sale Dt.08-11-1986 and denied the signature of G.Show Reddy.
[15d]. As per the pleadings and evidence of PW.1 that as per Ex.A17 i.e.
the declaration of Gade Show Reddy before the land ceiling authorities oral partition was taken place, Ac.3-07½ gts and Ac.2-10 gts each covered by Sy. o.115/A and 128 respectively situated at Prakashreddypet village,
Kazipet Jagir, Hanamkonda Mandal, Warangal District, were fallen to the share of late Gade Stanislas Reddy and G.Jayaprakash Reddy. The Ex.A2 shows that Gade Anthonamma was the pattedar of Ac.2-00 gts in
Sy. o.115B (93B) at Kazipet Jagir; Gade Rajareddy, Gade Prakash Reddy and Gade Show Reddy were the pattedars of Ac.4-11 gts in Sy. o.128 (102) at Kazipet Jagir. Further, As per Ex.A1 on 20-12-2007 Gade akshatramma, W/o. late Gade Stanislas Reddy, had transferred the suit schedule property i.e. the plot o.39 to an extent of 496 Sq.Yds. in
Sy. o.128 (new), Kazipet Jagir Revenue (V), Hanamkonda Mandal,
Warangal District, to the plaintif/PW.1 within the boundaries of East: Plot of Gade Jayaprakash Reddy; West: Plot o.38; orth: 20 feet road, South:
Plot o.42 of G.Stanislas Reddy. The evidence of PW.2 also discloses that the mother of PW.1 akshatramma executed 13 to 14 documents in favour of PW.1, G.Show Reddy shown the name of mother of PW.1 namely akshatramma in the Ceiling Declaration and accordingly she executed
Registered deed in favour of PW.1. Hence, it is clear that the extent of
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land, boundaries of the land and the plot o.39 under Ex.A1 and the plot
os.39A and 39B under Exs.B1 and B4 are not one and the same.
[15e]. Further Ex.A18 shows that on 09-03-2004 Gade Jayaprakash Reddy has sent a Reply Legal otice to Gade Stanislas Reddy and Gade Rajendra
Reddy/plaintif through his Counsel for the publication in Eenadu by the plaintif and his father pertaining to Ac.0-06 gts in Sy. o.102 of Kazipet
Jagir Village, in which the Gade jayapraksh Reddy claiming the above said land as the same is his exclusive property.
[15f]. The PW.2 also fled chief afdavit in lieu of his examination-in-chief and deposed that his father late Sri Buchi Reddy used to cultivate lands on lease. His father knew Gade Stanislas Reddy, from 1980 to 1992 his father cultivated the lands of Sri Gade Stanislas Reddy in Sy. o.102 to an extent of Ac.2-10 gts and also cultivated the lands of Sri Gade Jaya Prakash Reddy to an extent of Ac.2-10 gts in the same survey number i.e. 102. PW.2 further deposed that his father died in the year 1995, Stanislas Reddy died in the year 2004, after his death the plaintif came into possession of the properties of his father including the land Ac.2-10 gts in Sy. o.102 and the defendants are not in the possession. During the cross examination PW.2 admitted that during the life time of G.Show Reddy registration of approximately 15 plots taken place, in the year 1980-81 the lands in suit survey number became abadi. PW.2 further deposed that he does not have
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personal knowledge about sale of lands and he came to know about it through PW.1. PW.2 deposed that the suit schedule property i.e. plot o.39 is located within the boundaries of East: plot of G.Jayaprakash
Reddy, West; plot of others, orth: 20 feet road, South: plot of others, the plot o.39 is located in the middle of Eastern and Western boundary.
[15g]. It is further pleaded and deposed by the DW.1 that the defendant o.1 purchased the suit schedule property with valuable consideration and enjoyed with all attendant and ownership rights. In turn the defendant o.1 sold out the schedule property to the defendant o.2 through Registered Sale Deed bearing Doc. o.396/2008 Dt.22-01-2008 with delivery of possession and since then the defendant o.2 is in peaceful possession over the suit schedule property. Immediately after purchase the defendant o.2 purchased pucca shed and residing in that plot. To prove his contentions the DW.1 had fled Exs.B1 to B4 which shows the same.
[15h]. It is further pleaded that Gade Show Reddy sold away the plots and oral partition between said Gade Jayaprakash Reddy and his family members was taken place prior to 1990, ever since the predecessor of defendant o.2 is in peaceful possession since 1986. Subsequently the defendant o.2 is in peaceful possession and enjoyment with pucca shed
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since the day of his purchase. As such the plaintif or his father are no way concerned and they never in possession over the suit schedule property.
[15i]. It is further pleaded that the plaintif has also fled OS. o.985 of 2004 on the fle of II-Addl. Junior Civil Court, Warangal, against his paternal uncle Gade Jayaprakash Reddy for permanent injunction with regard to other properties and the same was dismissed on 13-08-2007 and became fnal. But after lapse of 20 years the the plaintif fled the present suit with ill motive though there is no cause of action to fle the suit and with in view of hiking in the market value in surrounding area.
[15j]. Coming to the evidence of PW.1 he deposed that he born on 11-01-1973. He admitted that he has stated in his chief afdavit that his grandfather along with his father and his paternal uncle have cultivated the land in Sy. .93/A (old) 115/A (new) situated at Prakashreddypet till 1976. He further admitted that in the year 1977 partition took place among his grandfather and his sons. Since 1977 the land in Sy. o.93/A became abadi and house plots were laid. His grandfather Show Reddy was having two sons and one daughter. His father Stanislas Reddy is the eldest son. Himself and his two sisters are the children to Stanislas Reddy and his mother akshatramma died in the year 2014. By the date of partition between his father and his brother and his grandfather, he was aged 5
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years, In the year 1981 plotting was done in the above survey number. He stated that only some extent of land in that survey number was sold away.
[15k]. During the course of further cross examination PW.1 deposed that the suit schedule property belongs to his grandmother Anthonamma who purchased the property in the year 1962. His grandfather holds property in Sy. o.102 which was purchased in the year 1962. his father carved the land in the Sy. os.93/A, 92/B and 102 into plots. His grandfather carved the land into plots and allotted the land in Sy. o.102 (old) as his share. He further stated that his grandfather distributed the total Ac.6-15 gts between his father and his paternal uncle Jayaparakash under Partition
Agreement and did not retain anything. He again stated that the land in
Sy. o.102 is only Ac.4-20 gts. Ex.A20 is the partition agreeemnt. PW.1 admitted that there is no mention about the survey number in Ex.A20. He further admitted that he mentioned in plaint that an oral partition was taken place between his father and his paternal uncle on 15-06-1977. He further deposed that his grandfather Show Reddy applied statement under
ULC Act in the year 1979 September and order was given in the year Junee 1981. Schedule property is covered under the ULC Proceedings vide Ex.A16.
He further admitted that in the year 1979 the suit land is no more an agricultural land an fell into the Urban Land Ceiling limits. He further admitted that no permission was obtained from either Gram Panchayath or KUDA.
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[15l]. He further deposed that he fled a suit against his paternal uncle
Jayaprakash Redy and hi son vide OS. o.985/2004 and the same was withdrawn with leave of the Court by him to fle a fresh suit for same subject matter. He admitted that he has not obtained any permission from the court to fle the fresh suit. He further deposed that the subject matter in the said suit and the present suit, O.S. os. 321 to 326 / 2008 and
OS. o.218/2008 are one and the same. Total 13 cases have been fled in diferent courts and another suit vide OS. o.540/2009 was fled before the Honfble I-Addl. Senior Civil Judge, Warangal.
[15m]. PW.1 further deposed that he obtained the right over the suit schedule property by virtue of an afdavit which was fled jointly by himself and his father in the court by way of caveat. Apart from the said afdavit there exists no document by which he was given right over the suit schedule property. He further admitted that he does not know the rate of the land per sq.yard and the market value per square yard in the year 1981 when his grandfather sold and was in between the range of 50 to 100 rupees.
[15n]. PW.1 deposed that he came to know the address of defendants when he came on the suit land in the end of March, 2008, and on his enquiry the defendants gave their details. At the said time he was fencing the boundaries. He further deposed that he sent a legal notice to his
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paternal uncle in the year 2004 stating that he has no right to sell the suit plot. He has given a paper publication. He further deposed that as per
Ex.A16 Jayaprakash Reddy and Stanislaus Reddy are entitled to get equal share in the property pertaining to the joint family.
He further deposed that all the properties in respect of the lands in the above suits and the land including the present suit are sold by
Jayaprakash Reddy, there exists disputes between him and his paternal uncle and few police cases were also fled. But he has not fled any documents or evidence to show that there exists disputes between him and his paternal uncle.
[15o]. The evidence of PW.1 further shows that an oral partition was taken place between his father and his paternal uncle in respect of land in suit survey number. Whereas during the cross examinatino PW.1 admitted that his grandfather distributed the total Ac.6-15 gts between his father and his paternal uncle Jayaparakash Reddy under Ex.P20/Partition
Agreement. PW.1 further admitted that there is no mention about the survey number in Ex.A20.
[15p]. PW.1 deposed in his chief examination that an oral partition was taken place between his father and his paternal uncle Gade Jayaprakash
Reddy on 15-06-1977. Whereas during the cross examination PW.1
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admitted that he does not know whether any partition took place in the year 1977 as he was a child.
[15q]. PW.1 further deposed in his chief examination that after death of his father he acquired the suit plot by virtue of inheritance. Whereas during the cross examination PW.1 deposed that he obtained the right over the suit schedule property by virtue of an afdavit which was fled jointly by himself and his father in the court byway of caveat. Apart from the said afdavit there exists no document by which he was given right over the suit schedule property.
[15r]. PW.1 deposed that he came to know the address of defendants when he came on the suit land in the end of March, 2008, and on his enquiry the defendants gave their details. At the said time he was fencing the boundaries. But he further admitted that when he was fencing the property personally in the year 2008, the defendants interfered and then he fled the suit.
[15f]. He further admitted that the boundaries of the suit property are diferent to that of the boundaries of the land of the defendant o.2. he further deposed that there exists a house which was constructed by defendant o.2 on the suit schedule property. The same was constructed during the pendency of the suit and a petition for contempt of court is
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fled and pending before this court. He further admitted that he has not fled any document to show that plot o.39 (suit schedule property) was succeeded by him through his father.
[15t]. Whereas it is the specifc pleading and evidence of PW.1 that as per
Ex.A17 i.e. the declaration of Gade Show Reddy before the land ceiling authorities oral partition was taken place, Ac.3-07½ gts and Ac.2-10 gts each covered by Sy. o.115/A and 128 respectively situated at
Prakashreddypet village, Kazipet Jagir, Hanamkonda Mandal, Warangal
District, were fallen to the share of late Gade Stanislas Reddy and
G.Jayaprakash Reddy. The Ex.A2 shows that Gade Anthonamma was the pattedar of Ac.2-00 gts in Sy. O.115B (93B) at Kazipet Jagir; Gade
Rajareddy, Gade Prakash Reddy and Gade Show Reddy were the pattedars of Ac.4-11 gts in Sy. o.128 (102) at Kazipet Jagir. Further, As per Ex.A1 on 20-12-2007 Gade akshatramma, W/o. late Gade Stanislas Reddy, had transferred the suit schedule property i.e. the plot o.39 to an extent of 496 Sq.Yds. in Sy. o.128 (new), Kazipet Jagir Revenue (V), Hanamkonda
Mandal, Warangal District, to the plaintif/PW.1 within the boundaries of
East: Plot of Gade Jayaprakash Reddy; West: Plot o.38; orth: 20 feet road, South: Plot o.42 of G.Stanislas Reddy. Hence, it is clear that the extent of land, boundaries of the land and the plot o.39 under Ex.A1 and the plot os.39A and 39B under Exs.B1 and B4 are not one and the same.
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[16]. It is the further contention of the defendants that the legal heirs of deceased have no locus standi to contest the suit and they are class-II legal heirs and when Class-I legal heirs are available, these legal heirs have no right to claim the schedule property. Admittedly, the plaintifs o.2 and 3 are not the Class-I legal heirs of plaintif o.1. However, it is evident from the evidence of PWs.1 to 3 that Gade Stanislas Reddy and akshatramma were blessed with one son and two daughters i.e. plaintifs o.1 to 3.
[17]. From the above, it is also clear that the evidence of PW.1, PW.3 coupled with Exs.A1 to A26 shows that the plaintifs established the possession over the suit schedule property as on the date of fling of the suit.
[18]. From the above, it is clear that title of the plaintifs established prima facie case and balance of convenience over the suit schedule property. The plaintif has categorically stated that the defendants interfered with peaceful possession over the suit schedule property on 20- 02-2008. On perusal of oral evidence of PW1 to PW3, it is clear that the defendants have not shaken the veracity of witnesses in respect of interference made by them over suit schedule property. Hence it is deemed to have been admitted that the defendants had interfered with
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possession of plaintif over suit schedule property. Accordingly, the Issues o.1 to 3 are answered in favour of the plaintifs.
[19]. ISSUE NO.4: In view of the fndings in respect of issues o.1 to 3, the plaintif is entitled to the relief of permanent injunction.
[20]. In the refult, the suit is decreed with costs by granting permanent injunction restraining the defendants, their agents, representatives, workmen, etc. in any way interfering with the peaceful possession and enjoyment of the plaintif/s over the suit schedule plot (or) from conveying the suit schedule plot in favour of third parties by way of sale or otherwise.
(Typed to dictation and after corrections, pronounced by me in the open Court on this the 3rd day of July, 2024).
Sd/-
III-Addl. Junior Civil Judge-cum-
Judl. Magiftrate of Firft Claff, Hanamkonda
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PLAINTIFF: FOR DEFENDANTS: PW1: G.Rajender Reddy. DW1: Manga Lingaiah. PW2: L.Venugopal Reddy. DW2: Reguri Sammi Reddy. PW3: G. Premal Latha. DW3: Thoutireddy Manohar Reddy
EXHIBITS MARKED
FOR PLAINTIFF : Ex.A1:Original Gift Settlement deed Dt.20-12-2007 executed by G. akshatramma; Ex.A2: True copy of Pahani for the year 1980-81 issued by Deputy Tahsildar,
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Hanamkonda; Ex.A3: True copy of Pahani for the year 2000-01 issued by Deputy Tahsildar, Hanamkonda; Ex.A4: Certifed copy of Pahani for the year 1979-80 issued by Deputy Tahsildar, Hanamkonda; Ex.A5: Encumbrance Certifcate Dt.25-02-2004 for the land in Sy. o.115/A, 93/A for an extent of Ac.6-15 gts; Ex.A6: Encumbrance Certifcate Dt.01-03-2004 for the land in Sy. o.93/A with certifcate o.2037; Ex.A7: Encumbrance Certifcate Dt.08-06-2004 for the land in Sy. o.115/A, 93/A for an extent of Ac.0-80 gts; Ex.A8: Encumbrance Certifcate Dt.01-03-2004 for the land in Sy. o.93/B with certifcate o.2038; Ex.A9: Encumbrance Certifcate Dt.10-03-2004 for the land in Sy. o.115, 129, 102 for an extent of Ac.2-06 gts; Ex.A10: Encumbrance Certifcate for the land in Sy. o.102 with Certifcate o.2039; Ex.A11: Certifed copy of Death Certifcate of Gade Show Reddy Dt.07-04-1995; Ex.A12: Encumbrance Certifcate Dt.14-09-2006 for the land in Sy. o.102 and 128 with certifcate o.9922; Ex.A13: Encumbrance Certifcate Dt.14-09-2006 for the land in Sy. o.115/A, 93/A for an extent of Ac.6-00 gts with certifcate o.9921; Ex.A14: Encumbrance Certifcate Dt.14-09-2006 for the land in Sy. o.115/B, 93/B with certifcate o.9917; Ex.A15: Certifed copy of Road Tax Receipt Dt.23-01-1979 paid to Gram Panchayath, Kazipet; Ex.A16: Certifed copy of Property Tax Receipt relating to the year 1979; Ex.A17: Certifed copy of order given by Special Ofcer, Urban Land Ceiling, Warangal, Dt.21-06-2005; Ex.A18: Certifed copy of Legal otice Dt.09-03-2004 issued by one Gade Jayaprakash Reddy through his counsel to plaintif o.1 and his father; Ex.A19: Certifed copy of Registered Sale Deed Dt.03-05-1997 executed by laintiffs father in favour of Premchand Tagore; Ex.A20: Certifed copy of Registered Sale Deed Dt.25-03-2003 executed by Gade Jayaprakash Reddy in favour of D.Rajeshwar Rao; Ex.A21: Certifed copy of list of partition Dt.15-06-1997; Ex.A22: Certifed copy of Encumbrance Certifcate for the land in Sy. os.108, 102 for an extent of ac.4-11 gts; Ex.A23: Certifed copy of petition afdavit in I.A. o.5013/.2007 in OS. o.985/2004 on the fle of II-Addl. Junior Civil Judge, Warangal; Ex.A24: Certifed copy of written statement fled by Def. o.1 in OS.985/2004 on the fle of II-Addl. Junior Civil Judge, Warangal;
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Ex.A25: Counter afdavit fled by R1 in IA. o.1418/2004 in OS. o.985/2004 on the fle of II-Addl. Junior Civil Judge, Warangal; Ex.A26: Caveat Petition Afdavit o.61/2004 on the fle of Principal Senior Civil
Judge, Warangal.
FOR DEFENDANTS : Ex.B1: Original Agreement of Sale Dt.08-11-1986 (duly impounded); Ex.B2: Original Registered Sale Deed Doc. o.396/2008 Dt. 22-01-2008; Ex.B4: Receipt Dt.12-11-1986.
Sd/-
III Addl Junior Civil Judge-cum- Judl. Magiftrate of Firft Claff, Hanamkonda