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IN THE COURT OF PRINCIPAL JUNIOR CIVIL JUDGE AT ::
RAMANNAPET
TUES DAY, THE 31st DAY OF MARCH, 2026
PRESENT: SMT.S.SHIRISHA,
PRL.JUNIOR CIVIL JUDGE,
RAMANNAPET
ORIGINAL SUIT NO. 112 OF 2021
BETWEEN:-
Moku Swapna W/o. Jagadeeshwar Reddy, Age: 33 years, Occu: Agriculture, R/o. Kanchanpally village of Valigonda Mandal, Yadadri-Bhongir District. Presently residing at TRT 185, Shivam Road, Vidhyanagar, Hyderabad.
...Plaintiff
1. Saireddy Malla Reddy S/o. Narayana Reddy, Age: about 55 years, Occu: Agriculture, R/o. Kanchanpally village of Valigonda Mandal, Yadadri-Bhongir District.
2. Saireddy Madhava Reddy S/o. Narayana Reddy, Age: about 51 years, Occu: Agriculture, R/o. Kanchanpally village of Valigonda Mandal, Yadadri-Bhongir District.
3. Saireddy Sathi Reddy S/o. Narayana Reddy, Age: about 47 years, Occu: Agriculture, R/o. Kanchanpally village of Valigonda Mandal, Yadadri-Bhongir District.
...Defendants No.1 to 3
Claim: - Suit for Perpetual Injunction
This suit is coming for final hearing before me in the presence of Sri.KONDAL REDDYAdvocate for plaintiff, and that of Sri.S.SREEKANTH Advocate for defendants No.1 to 3, having been heard and stood over for consideration to this day, the court delivered the following:-
J U D G M E N T
1.This is a suit filed by the plaintiff for granting of perpetual injunction against defendants restraining the defendants, their heirs, agents, servants, workmen and henchmen from interfering into peaceful possession and enjoyment of plaintiff over plaint schedule property. i.e,
Sy.No.300 admg Ac.01-00 gts, Sy.No.301/U admg Ac.1-02 gts,
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Sy.No.300/AA amg to an extent of Ac.0-08 ½ gts total admg to an extent of Ac.2-10 ½ gts situated at Kanchanpally Village of Valigonda Mandal,
Yadadri-Bhongir District and the boundaries of Sy.No.300 are by North:
Land of Gorla Ramulu and others, South: Land of Sai Reddy Malla Reddy and others, East: Land of Marri Andamma and West: Cart Way.
Boundaries of Sy.No.301/U and Sy.No.300/AA and bounded by North:
Land of Gorla Ramulu and others, South: Land of Sai Reddy Malla Reddy and others, East: Land of Cherukuri Maisaiah and West: Land of Marri
Bal Reddy.
THE CASE OF THE PLAINTIFF
2.The plaintiff had purchased the agricultural land bearing Survey
No.300 admeasuring Ac.1-00 guntas, Dry in nature, situated at
Kanchanpally village, Valigonda mandal, Yadadri Bhuvanagiri District from its original owner, pattadar and possessor namely Sri. Marri Bal
Reddy S/o Narsi Reddy, by way of Registered Sale Deed bearing document No.600/2021, Dated 23.03.2021, on the file of Tahsildar &
Joint Sub-Registrar, Valigonda. Further, the plaintiff also purchased the agricultural land bearing Survey No.301/u admeasuring Ac.01-02 guntas and Survey No.300/AA admeasuring Ac.0-08½ guntas respectively, total admeasuring Ac.2-10 ½ guntas, Dry in nature, situated at Kanchanpally village, Valigonda mandal, Yadadri Bhuvanagiri District from its original owner, pattadar and possessor namely Smt. Marri Andamma W/o Bal
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Reddy by way of Registered Sale Deed bearing document No.601/2021,
Dated 23.03.2021, on the file of Tahsildar & Joint Sub-Registrar,
Valigonda.
3.The plaintiff herein is the absolute owner, pattadar and possessor of the land bearing Survey No.300 admeasuring Ac.01-00 guntas, Survey
No.301/U admeasuring Ac.1-02 guntas and Survey No.300/AA admeasuring Ac.0-08½ guntas respectively total Ac.2-10 ½ guntas, Dry in nature, situated at Kanchanpally village, Valigonda mandal, Yadadri
Bhuvanagiri District and the same is the subject matter of the plaint schedule property hereinafter referred as “Suit land”. After registration, the revenue authorities implemented the above said two registered sale deeds in favour of the plaintiff in all the revenue records as pattadar and possessor and issued Digital Pattadar pass book cum Title Deed in favour of the plaintiff under the provisions of Dharani.
4.The defendants are not having any manner of rights are bent upon interfering with the peaceful possession and enjoyment of the plaintiff over the suit property. "On 08.03.2021 when the plaintiff was removing unwanted trees and bushes from the suit land with the help of labourers, the defendant, along with some unsocial elements, came to the suit property, obstructed the work of the plaintiff, and attempted to forcibly dispossess her by issuing threats and intimidation. The plaintiff resisted the said illegal acts with great difficulty.
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5.Having no other effective or alternative remedy, the plaintiff was constrained to approach this Court by filing the present suit seeking a permanent injunction restraining the defendant, his agents, servants, henchmen, and workmen from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property.
CASE OF DEFENDANTS
6.The defendants have categorically denied the ownership and possession of the plaintiff over the suit schedule property. It is contended that the suit, as framed, is not maintainable either in law or on facts and is therefore liable to be dismissed.
7.The defendants further denied that the plaintiff acquired the suit land by way of registered sale deeds executed by Marri Bal Reddy in respect of Ac.01-00 gts vide Regd. Document No.600/2021 dt.23.03.2021 and Ac.01-10 ½ gts from Marri Andamma through registered sale deed
No.601/2021 Dt. 23.03.2021. The said Marri Andamma when she sold the land in Sy.No.300 admg Ac.08-07 gts by joining with one Velimineti
Ramaiah to Cherukuri Ravinder and Cherukuri Vimalamma through registered sale deed doc.no.1249/1993, dt.17.06.1993 of SRO
Ramannapet mentioned the boundaries as
North: Land of Bandasomram Shivar
South: Land of Sai Reddy Narayan Reddy
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East: Land of Veeraboina Ramaiah and others
West: Land of Velimineti Ramaiah
8.The said Marri Andamma also sold away land, on southern side of land i.e. the land of Saireddy Narayan Reddy and she has no land in between the land sold by her and also the land of said Saireddy Narayan
Reddy, when the registered sale deed is executed in favour of plaintiff, she again got mentioned the southern boundary as defendant no.1 and others. The said Andamma and the plaintiff colluded with each other and created the said registered sale deed in order to occupy the land of the defendant no.1 and his sons.
9.One of the purchasers of said Marri Andamma by name Cherukuri
Vimalamma sold away her land in Sy.No.30/E admg Ac.04-03 ½ gts to one Cherukuri Nagamani, through registered sale deed no.767/2006, dt.09.07.2006 of SRO-Ramannapet, she clearly got mentioned the boundaries to the said land.
North: Land of Earaboina Ramaiah
South: Land of Sai Reddy Narayan Reddy
East: Land of Earaboina Sathaiah
West: Way from Ghousenagar to Yedumotla Bavi
10. The registered documents executed by Marri Andamma along with
Velimineti Ramaiah and their purchaser Cherukuri Vimalamma which clearly shows that their land is covered on southern side by the land of
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Saireddy Narayana Reddy, father of the defendant no.1 and the defendants are successors of Saireddy Narayana Reddy and the sons of defendant no.1 by name Nithin Reddy and Hariprasad Reddy have been in possession and enjoyment of his lands in Sy.No.300 admg Ac.04-29 gts, The family of defendant no.1 has been in possession and enjoyment of said land for the last more than 8 deceased. Their land is bounded by
North: Land of Cherukuri Vimalamma (Presently Saireddy Pichi Reddy and Gorla Ramulu and others)
South: Land of Earaboina Kistaiah in Sy.No.301
East: Land of Earaboina Ramaiah (Presently Earaboina Narsimha and others)
West: Land of Saireddy Sathi Reddy and others in Sy.No.297.
11.The defendants have been raising dry crops in the said land and they raised redgram in the last season and jowar in the present season.
The plaintiff with an intention to occupy the said lands, filed the false suit against the defendants by claiming, she acquired the same from her mother and father. The plaintiff is not in possession of suit land and the suit is barred by limitation.
12.For all the aforesaid reasons, the defendants prayed that the suit be dismissed with costs.
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13.Basing on the above factual matrix the following issues and framed by this court.
1. Whether the plaintiff is entitled for perpetual injunction as prayed for?
2. To what relief?
14.Plaintiff got examined as PW1 and exhibit A1 to A14 are marked and one Kandi Yadi Reddy is examined as PW2 on behalf of plaintiff. The defendant No.1 is examined as DW1 and Exhibits B1 to B9 and A15 marked and one A.Papireddy is examined as DW2 on behalf of defendants.
ARGUMENTS
15.Both counsels filed written arguments. Heard both the counsels.
Answer to issue no.1 basing on the evidence on record.
16.It is settled law that plaintiff coming to court has to prove his case without depending on the demerits in the case of the defendants.
17.The present suit filed by the plaintiff is for perpetual injunction, in a suit for perpetual injunction, the plaintiff need to establish that, she is the lawful possessor of suit schedule property as on the date of filing of the suit and her possession was interfered by the defendants unlawfully.
18.The relief of injunction is based on equity principles, such as prima facie case, balance of convenience and irreparable loss.
19.The plaintiff must establish prima facie case and show that, balance of convenience is in her favour and that they would suffer irreparable
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loss, if the alleged illegal act is not prevented. The plaintiff must stand on her own legs in establishing the above three principles, without depending upon weaknesses of defence, set up by the defendants.
20. Now, let us examine, the material placed by the plaintiff to see how far she is able to establish the equity principles.
21.The principal contention of the plaintiff is that she is the absolute owner and possessor of the suit schedule properties. It is her case that she purchased an extent of Ac.1-00 guntas in Survey No.300 from her father, Marri Bal Reddy, under a registered sale deed bearing Document
No.600/2021 dated 20.03.2021, marked as Ex.A10.
22.The plaintiff further contended that one Konthem Yadaiah was the original owner and possessor of lands in Survey No.300/A admeasuring
Ac.2-01½ guntas and Survey No.301/A admeasuring Ac.0-24 guntas, among other lands in the same village. The said Yadaiah sold these lands to the plaintiff’s father, Marri Bal Reddy, under a registered sale deed bearing Document No.886 of 1999 dated 15.06.1999, marked as
Ex.A2.Ex.A3, the extract of amendment register, reflects mutation of the names of the plaintiff’s parents in the revenue records. Exs.A4 and A5, being pahanies for the years 1999–2000 and 2004–2005 respectively, shows Marri Bal Reddy as pattadar of the relevant lands. Ex.A9 is the
Pattadar Passbook issued in his name, and Ex.A13 is the pahani for the year 2019, also reflecting his possession.
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23.During cross-examination, PW1 categorically admitted that her father purchased lands to an extent of Ac.4-12 guntas in Survey
Nos.259/A, 262/A, 263/A, 295/A, 300/A, and 301/A under Ex.A2, and that all these survey numbers formed a single compact block with common boundaries. She also clearly deposed regarding the boundaries of the said land. PW2 supported the plaintiff’s case and denied the suggestions put by the defendants that neither the plaintiff nor her parents were in possession of the suit lands.
24.The defendants have not disputed the relationship between the plaintiff and her vendors, namely her parents. However, they have specifically denied the plaintiff’s ownership and possession over the suit properties. DW1 expressed ignorance regarding the sale transaction between Konthem Yadaiah and the plaintiff’s father. However, DW2, in his cross-examination, categorically admitted that Konthem Yadaiah sold land to an extent of Ac.4-00 guntas in the relevant survey numbers to
Marri Bal Reddy and that the revenue records were accordingly mutated in the name of the plaintiff’s parents.
25.Thus, from a cumulative reading of the oral and documentary evidence adduced by both parties, it stands established that the plaintiff’s father, Marri Bal Reddy, had validly acquired the suit lands under Ex.A2 and was in possession thereof. Consequently, the subsequent conveyance
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of the suit properties by him in favour of the plaintiff under Exs.A10 lends support to the plaintiff’s claim of title.
26.It is the further case of the plaintiff that her mother, Smt.
Andamma, sold land bearing Survey No.300/AA admeasuring Ac.0-08½ guntas and land in Survey No.301/UU admeasuring Ac.1-02 guntas to the plaintiff under a registered sale deed bearing Document No.601 of 2021 dated 20.03.2021, marked as Ex.A11. Ex.A6, being the pahani for the year 2013–2014, reflects the names of the plaintiff’s parents as pattadars and possessors of the suit lands. Ex.A8 is the Pattadar
Passbook standing in the name of Smt. Andamma, and Ex.A14 is another pahani reflecting her possession. Thus, according to the plaintiff, she derived title through valid registered conveyances executed by her parents, who in turn derived title from the original owner.
27.The plaintiff, in her chief examination, deposed that her maternal grandfather, Velimineti Seetayya, was the original owner and possessor of agricultural lands bearing Survey No.300 admeasuring Ac.04-04 guntas and Survey No.301 admeasuring Ac.2-33 guntas, along with other lands situated at Kanchanapalli village. It is her specific case that the said
Seetayya gifted these lands to his daughter, Smt. Andamma, who is the mother of the plaintiff, through a registered gift deed bearing Document
No.1639 of 1971 dated 03.11.1971, which is marked as Ex.A1 along with its translated copy. On perusal of Ex.A1 reveals that lands in Survey
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Nos.259, 262, 263, 295, 300, and 301 were covered under the said gift, including the present suit lands. Out of these, the lands in the present suit survey numbers, namely Survey No.300 to an extent of Ac.4-04 guntas and Survey No.301 to an extent of Ac.2-33 guntas, form part of the gifted property.
28.The boundaries of the land in Survey Nos.300 and 301 are described as follows:
East: Land of Yerraboina Bixapathi.
West ;Land of Baddam Malla Reddy
North:Bandakindi Gudem Shivar, Ghouse Nagar Shivar
South: Land of Baddam Malla Reddy
29.On the other hand, the main contention of the defendants is that the plaintiff’s mother, Smt. Andamma, along with one Velimineti
Ramaiah, had already alienated part of the land in Survey No.300 to
Cherukuri Ravinder and Cherukuri Vimalamma much prior to the plaintiff’s purchase. In this regard, the defendants relied upon a registered sale deed bearing Document No.1249 of 1993 dated 17.06.1993, marked as Ex.B9, under which an extent of Ac.08-07 guntas was sold in favour of Cherukuri Ravinder and Cherukuri Vimalamma.
30.The boundaries of the property covered under Ex.B9 are described as:
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North: Land of Banda Somaram Shivar
South: Land of Sai Reddy Narayana Reddy
East: Land of Veeraboina Ramaiah and others
West: Land of Velimineti Ramaiah
31.Based on this transaction, the defendants contends that
Smt.Andamma does not have any right or interest in the said portion of land, and therefore, the subsequent sale in favour of the plaintiff under
Ex.A11 is not valid. It is also their contention that in the said document, the southern boundary is shown as land belonging to Defendant No.1, which, according to them, indicates manipulation and falsity in the plaintiff’s documents.
32.The defendants further contend that one of the purchasers, namely
Vimalamma, subsequently alienated a portion of land admeasuring Ac.0- 04½ guntas in Survey No.300/E21 in favour of Cherukuri Nagamani under a registered sale deed bearing Document No.767 of 2006 dated 09.07.2006. The boundaries of this land are described as:
North: Land of E. Ramaiah
South: Land of Sai Reddy Narayana Reddy
East: Land of E. Sathiah
West: Way from Ghouse Nagar to Yedumotla Bavi
33.Relying on these transactions, the defendants assert that the boundary descriptions consistently show the land of Sai Reddy Narayana
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Reddy, who is the father of Defendant No.1, thereby establishing their possession and enjoyment over the land in Survey No.300.
34.It is the specific case of the defendants that they, being the successors of said Narayana Reddy, are in possession and enjoyment of land in Survey No.300 admeasuring Ac.4-29 guntas. According to them, their land is bounded by:
North: Lands of Cherukuri Vimalamma and others (presently Sai Reddy Pichi Reddy, Golla Ramulu, etc.)
South: Land of Kishtayya in Survey No.301
East: Land of E. Ramaiah
West: Lands of Sai Reddy, Sathi Reddy and others in Survey No.297
35.Thus, the defendants dispute the title and possession of the plaintiff by contending that prior alienations and boundary recitals demonstrate their independent possession over the suit lands.
36.On a careful and keen consideration of the rival contentions of both parties, it is evident that the core dispute raised by the defendants pertains to the very existence and correctness of the southern boundary of the suit schedule property.
37.In this backdrop, it becomes necessary to examine whether the plaintiff has been able to establish her possession over the suit schedule property with appropriate boundaries.
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38.The plaintiff has relied upon Exs.A1 to A14, which include registered sale documents, that is Ex-A10 and A11 , pattadar passbook which is marked as Ex-A12, and pahanies standing in the names of her father EX-A13 and 14 as well as pattedar passbook of herself that is Ex -A12 . These documents, prima facie, reflect continuity of title and possession.
39.During her oral evidence, PW1 (plaintiff) denied all the suggestions put forth by the defendants. She precisely deposed with regard to the boundaries of the suit schedule lands. Significantly, she admitted that
Defendant No.1 owns the adjoining land on one side of the suit property.
She consistently maintained that she purchased the suit land from her parents, and that her mother derived title from her maternal grandfather through a registered gift deed (Ex.A1).
40.During cross-examination, an attempt was made by the defendants to discredit the plaintiff’s version by pointing out discrepancies in boundary descriptions between Ex.A1 and Exs.A10 and A11. PW1 fairly admitted that the boundaries mentioned in Ex.A1 and the subsequent sale deeds are not identical. She clarified that Ex.A1 reflects common boundaries for multiple survey numbers, whereas the later documents specify boundaries for individual sub-divisions such as Survey Nos.300 and 301.PW1 further admitted that her mother had earlier sold an extent of Ac.08-07 guntas under a registered sale deed bearing Document
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No.1249/1993 dated 17.06.1993 in favour of third parties, namely
Cherukuri Ravinder and Vimalamma. She also acknowledged that in the said document, the southern boundary is shown as the land of the father of Defendant No.1. However, she denied the suggestion that the present boundary descriptions are false or speculative.
41.PW2, though not fully aware of the exact extents and survey details, supported the case of the plaintiff and denied the suggestion that the plaintiff is not in possession of the suit lands. No material contradictions could be elicited from his evidence.
42.The principal contention of the defendants is that the plaintiff’s mother, Smt. Andamma, had already alienated the entire land in favour of third parties, namely Cherukuri Ravinder and Vimalamma, and therefore retained no subsisting right to convey the suit property to the plaintiff. In support of this contention, the defendants relied upon Exs.B1 to B9.
43.Ex.B1 is the certified copy of the plaint in O.S. No.40/2020. A perusal of the same reveals that the subject matter and extent of land involved therein are entirely different from the suit schedule property in the present case. This fact has also been categorically admitted by DW1, who further deposed that except for the land involved in O.S.
No.40/2020, the defendants have no concern with any other land. This admission significantly weakens the defence set up by the defendants.
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Further, a comparison of Ex.A1 with the subject matter of O.S.
No.40/2020 makes it evident that the lands are distinct and not identical.
The defendants also sought to rely upon Exs.B4 to B8, which are certified copies of charge sheets, to contend that criminal proceedings indicate that the plaintiff is not in possession of the suit land. However, it is a settled principle of law that findings in criminal proceedings do not operate as res-judicata in civil proceedings, and therefore such documents do not carry determinative value in adjudicating civil rights over immovable property.
44.Another contention raised by the defendants pertains to alleged discrepancies in the boundary descriptions of the suit schedule property.
It is their case that the boundaries mentioned in Exs.A10 and A11 are at variance with those described in Ex.A1. In this regard, the plaintiff, during her cross-examination, has given satisfactory explanation by stating that Ex.A1 contains common boundaries for a larger extent of land comprising multiple survey numbers, whereas Exs.A10 and A11 relate to specific and subdivided portions in Survey Nos.300 and 301 with distinct boundaries. This explanation appears to be reasonable and acceptable, particularly in the context of subsequent alienations and subdivision of the original extent.
45.It is further significant to note that DW1, in his cross-examination, categorically admitted that his father’s land is shown as the southern
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boundary to the suit property and that they are in possession of the said adjoining land. This admission lends support to the plaintiff’s version regarding the identity, location, and boundaries of the suit schedule property. The same fact has also been acknowledged by the plaintiff in her evidence.
46.On the side of the defendants, DW1 has displayed lack of knowledge with regard to the material aspects of the case. He admitted that the plaintiff’s grandfather had gifted lands, including an extent in Survey
No.300, in favour of the plaintiff’s mother under Ex.A1. He, however, expressed ignorance about the subsequent transactions, namely the sale in favour of the plaintiff’s father under Ex.A2 and the later conveyances in favour of the plaintiff under Exs.A10 and A11, as well as the issuance of digital pattadar passbooks in her favour.More importantly, DW1 admitted that except for an extent of Ac.0-00.32 guntas in Survey No.300/2, which is the subject matter of O.S. No.40/2020, the defendants have no concern with the remaining lands in Survey No.300. He further admitted that, as per the boundaries mentioned in the said suit, the land of the plaintiff’s father is shown on the northern side, which indirectly corroborates the plaintiff’s case regarding the location and possession of the suit property.
He also stated that he is not aware of the correctness of the boundaries mentioned in his own written statement.Ex-A15 was marked through
DW1 during his cross examination .he has admitted that his father filed
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the civil suit against parents of plaintiff vide OS NO 366 of 2021. However he categorically admitted that he has not mentioned about the said suit in his written statement as it is different case from the prsent case .
47.Thus, the admissions of DW1 not only weaken the defence set up by the defendants but also strengthens the case of the plaintiff with regard to the identity and possession of the suit schedule property. The plaintiff counsel also contended the same in his written arguments.
48.DW2, in his cross-examination, made material admissions which go to the root of the matter. He admitted that the land in Survey No.300 to an extent of Ac.4-29 guntas belongs to the plaintiff. He further admitted that the plaintiff’s grandfather had gifted lands to her mother under
Ex.A1 and that Konthem Yadaiah had sold land to the plaintiff’s father, with consequent mutation of revenue records in their names. He also acknowledged that revenue records, including Dharani passbooks, were issued in favour of the plaintiff.
49.Thus, the evidence on record, particularly the admissions of DW1 and DW2 coupled with the documentary evidence produced by the plaintiff, clearly establishes the chain of title as well as possession of the plaintiff over the suit schedule property. Minor discrepancies in boundary descriptions, especially in cases involving large extents and subsequent sub-divisions, do not supersede the consistent documentary evidence and admissions supporting the plaintiff’s case.
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50.On a comprehensive appreciation of the entire oral and documentary evidence adduced by both parties, this Court is of the considered view that the plaintiff has succeeded in producing sufficient documentary evidence to establish her title over the suit schedule property. The record clearly discloses that under Ex.A1 (gift deed) and
Ex.A2 (sale deed), the parents of the plaintiff had validly acquired the subject lands. Thereafter, under Exs.A10 and A11, the plaintiff purchased the suit schedule properties from her parents through registered conveyances. These documents form a continuous and credible chain of title in favour of the plaintiff.
51.Though the defendants have disputed the correctness of the boundaries, they have failed to place on record any cogent documentary evidence to establish the precise and correct boundaries of their alleged property. There is a complete absence of reliable material to substantiate their version. Moreover, the categorical admission of DW1 that they are concerned only with a limited extent of land, and not with the entirety of the suit survey numbers, further demonstrates that the defendants have no substantial claim over the suit schedule property.
52.Thus, the evidence on record, when read as a whole, clearly tilts in favour of the plaintiff and establishes her title and possession over the suit land.the oral evidence of PW1 and PW2, when read together with the testimony of DW1 and DW2, and corroborated by the documentary
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evidence marked as Exs.A1 to A14, collectively establish that the plaintiff is in lawful possession and enjoyment of the suit schedule land, and that the defendants hold a separate portion situated to its southern side.
53.Therefore, upon appreciation of both oral and documentary evidence, this Court finds that the plaintiff successfully established her title and possession over the suit schedule property. Accordingly, it stands proved that the plaintiff were in peaceful possession and enjoyment of the suit schedule land as on the date of filing of the suit.
54.Further given the findings supra , the pleadings and evidence on record substantiate the factum of the defendants interference with the possession of the plaintiff over the suit land thereby entitling the plaintiff to an injunction , Restraining the defendants from interference, as sought .
55.The legal principles governing the appreciating of the evidence in civil cases, particularly the doctrine of preponderance of probabilities ,which requires evidence to be weighed based on likelihood rather than than certainty ,unlike in criminal cases where standard of proof is beyond Reasonable doubt .further in civil cases the principle that possession follows title applies ,especially in the cases of open lands .
56.The present suit is filed for equitable relief of injunction. When the plaintiffs are able to establish her possession as on date of filing of the
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suit, definitely, she is entitled for the relief of perpetual injunction. in the instant case at hand, the plaintiff established that she is in the possession of the suit land and the documents relied upon by the plaintiff clearly revealed that plaintiff is in actual physical possession over the suit property as shown in the plaint at the time of filing of the suit by cogent evidence.
To what relief ?
57.On perusal and discussion above, the plaintiff proved her lawful right and absolute possession over suit schedule property within the boundaries shown in the plaint as on date of filing of the suit. Hence the plaintiff is entitled to get perpetual injunction in her favour against defendants as prayed for.
58. IN THE RESULT, the suit of the plaintiff is hereby decreed against
Defendants with costs. The defendants and their men are hereby permanently restrained from interfering into peaceful possession and enjoyment of the plaintiff over suit property. All pending I.A.’s stands closed.
(Dictated to the Stenographer, Typed by her corrected and
pronounced by me in the open Court, this the 31 st day of March, 2026).
Sd/-
PRL.JUNIOR CIVIL JUDGE,
RAMANNAPET
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APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PLAINTIFF: - FOR DEFENDANT:-
PW1- Moku Swapna DW1- Saireddy Malla Reddy PW2- Kandi Yadi ReddyDW2- Alimineti Papi Reddy
EXHIBITS MARKED
FOR PLAINTIFF:-
Ex.A1 is the original urdu registered gift settlement deed vide document No.1639/1971, along with true translation copy.
Ex.A2 is the original registered sale deed document No.886/1999, Dated: 15-06-1999 executed by kontham yadaiah infavour of Marri bal Reddy.
Ex.A3 is the True copy of extract of amendment registered for the year 1988-89 (two pages).
Ex.A4 is the true copy of pahani for the year 1999-2000 issued Dy.Tahsildar, Valigonda.
Ex.A5 is the true copy of pahani for the year 2004-2005 (Two pages) issued Dy.Tahsildar, Valigonda.
Ex.A6 is the true copy of pahani for the year 2013-2014 (two pages) issued Dy.Tahsildar, Valigonda.
Ex.A7 is the True copy of extract of amendment registered for the year 2015-2016 (two pages).
Ex.A8 is the original computerized digital pattadar pass book of marri Andamma.
Ex.A9 is the original computerized digital pattadar pass book of marri Balreddy.
Ex.A10 is the original registered sale deed vide document No.600/2021,
Dated: 20-03-2021 executed by marri bal reddy in favour of PW1.
Ex.A11 is the original registered sale deed vide document No.601/2021,
Dated: 20-03-2021 executed by marri Andamma in favour of PW1.
Ex.A12 is the computerized digital pattadar pass book PW1.
Ex.A13 is the computerized 1-B Namoona obtained to Meeseva petaining to Marri Bal Reddy
Dt:31.03.2026 Prl. JCJ, Ramannapet
O.S.No. 112/2021 – Page 23 of 23
Ex.A14 is the computerized 1-B Namoona obtained to Meeseva petaining to Marri Andamma
Ex.A15 is the Fair Copy of Amended Copy of plaint in OS.No.366 of 2021 (By DW1)
FOR DEFENDANT:
Ex.B1 is the certified copy of the plaint in O.S.No.40/2020 on the file of the Prl. Junior Civil Judge, Ramannapet.
Ex.B2 is the certified copy of the plaint in I.A.No.77/2020 in
O.S.No.40/2020 on the file of the Prl. Junior Civil Judge, Ramannapet.
Ex.B3 is the certified copy of Ad interim injunction order passed in
I.A.No.77/2020 in O.S.No.40/2020 on the file of Prl. Junior Civil Judge,
Ramannapet.
Ex.B4 is the certified copy of FIR in crime no.279/2021 of PS Valigonda.
Ex.B5 is the certified copy of charge sheet along with part-II statements and other documents in CC No.5/2022 on the file of Prl. Junior Civil
Judge, Ramannapet.
Ex.B6 is the certified copy of FIR in Crime no.226/2022 of PS Valigonda.
Ex.B7 is the certified copy of final report filed by PS Valigonda in Crime
No.178/2021 along with part-II Statements.
Ex.B8 is the CC of Final Report filed by PS Valigonda in Crime
No.134/2021.
Ex.B9 is the certified copy of Register Sale Deed bearing document no.1249/1993 dt.17.06.1993 executed by Marri Andamma and Velimineti
Ramaiah in favour of Cherukuri Ravinder and Vimalamma.
Sd/-
PRL.JUNIOR CIVIL JUDGE,
RAMANNAPET
Dt:31.03.2026 Prl. JCJ, Ramannapet