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IN THE COURT OF JUNIOR CIVIL JUDGE :: KANIGIRI
Present: Smt.S.Thangamani, Junior Civil Judge, kanigiri.
Dated this the 25th day of April, 2018
O.S.169/2011
Between:
Sana Peda Venkateswarlu, son of Pitchireddy,
Hindu, aged about 65 years, Agriculture,
Permanent resident of Shankavaram village,
Kanigiri Mandal of Prakasam District.
Presently residing at Shapur Takluq of
Gulbarg District of Maharastra state.
… Plaintif
And
1.Mule Nagireddy, son of Pitchireddy, (died)
Aged about 80 yeas, Hindu, Agriculture,
Shankavaram village and Kanigiri Mandal of Prakasam District.
2.Mule Bramhareddy, son of Mule Nagireddy aged 45 years, Hindu, Agriculture,
Shankavaram village and Kanigiri Mandal of Prakasam District.
3.Mule Peda Bramhaiah, s/o Nagireddy, aged about 45 years, Hindu, agriculturist, resident of Chintalapalem village, Kanigiri
Mandal, Prakasam District.
4.Mule Bala Bramha Reddy, s/o Nagireddy,aged about 42 years, Hindu, agriculturist, resident of Venkateswarapuram, D.No.28/95-74,
Nellore town and Mandal, SPSR Nellore District.
2 (D.3 and D.4 are added as per orders in I.A.720/2014
dated 16-7-2015)
…. Defendants
The suit coming on 23-4-2018 for final hearing before me in the presence of Sri A.Bal Reddy, Advocate for Plaintif and of Sri K.Subbarayudu, Advocate for Defendants 2 to 4, D.1 died, upon perusal of material on record, upon hearing and having stood over for consideration till this day, this court delivered the following:- :: J U D G M E N T ::
1. This is a suit filed for declaration of title of the plaintif and for grant of permanent injunction restraining the defendants, their men, representatives, agents and assignees from ever interfering with the peaceful possession and enjoyment of the plaint schedule property by the plaintif, his men, agents, representatives and assignees and for costs of the suit.
2. The brief averments of the Plaint are that the plaint schedule property in S.No.374/B2, 373/2 an extent of Ac.0-14 cents and Ac.0-28 cents of
Sankavaram village, kanigiri Mandal, Prakasam District. The suit schedule property is originally the ancestral property of the plaintif’s family. The suit schedule property is settlement patta granted in the name of Sana Peddaiah who is the grand father of the plaintif at about 90 years ago. Immediate after patta Sana Peddaiah is in possession and enjoyment of the suit schedule property along with his son Pitchaiah.. At the time of Survey and settlement Sana Peddaiah name was entered in the settlement Register,
Sankavaram village. At about 60 years ago, Sana Peddaiah died leaving his only son Sana Pitchaiah(father of the plaintif). After death of Sana Peddaiah,
Sana Pitchaiah and sons Pedda Venkateswarlu (Plaintif), Sana Chinna
Venkateswarlu, Sana Thirupathaiah, Sana Venkateswarlu @ Kunteiah are in 3 joint possession and enjoyment of the suit schedule property. The plaintif acted as Kartha to their Joint Family. At about 25 years ago the family disputes arose between the plaintif and his brothers. On that the plaintif and his brothers orally partitioned entire properties of their father Sana
Pitchaiah into four equal shares. In that partition the suit schedule property and some other properties were allotted to the share of the plaintif. The revenue authorities thoroughly enquired and recognized the possession and enjoyment of the suit schedule property by the plaintif and entered plaintif’s name in the revenue records and issued pattadar passbook and title deed in the name of plaintif. The plaintif raised dry crops every year.
The plaintif is in possession and enjoyment of the suit schedule property.
The defendants who were strangers to the suit schedule property and having docile nature and an evil eye over the suit schedule property as land grabbers in the village they have no manner of right, title or possession over the suit schedule property are canvassing in the village that the suit schedule property belongs to them and the plaintif and his brothers have no right, title or possession on it and if necessary they will forcibly enter into the suit schedule property even by use of force. Recently due to rainfalls the plaintif went to the suit schedule land for ploughing it on 2-10-2011 the defendants with their followers obstructed the plaintif and his family members for cultivating the suit schedule land. At the intervention of the village elders the defendants went away. It is no longer safe as the defendants are powerful in the village and they have got rich and men power, the plaintif and his family frequently left the village for cooly works, hence the plaintif is constrained to file the suit. The defendants are contending that the land comprising S.No.373/2 measuring an extent of Ac.0- 25 cents out of the total extent of Ac.0-84 cents and an extent of Ac.0-12 cents in S.No.374/2B out of the total extent of Ac.1-26 cents was succeeded by the 2nd defendant and the revenue authorities have registered the above 4 extents in the name of 1st defendant basing on the 10 (1) account in R.O.R records and issued pattadar pass book and title deed in favour the 2nd defendant and have been regularly booking cultivation of the above lands in the name of the 1st defendant and also registered 1 (B) and 1 (A) records in the name of the 2nd defendant. The plaint schedule land is always in exclusive possession and enjoyment of the plaintif. The plaintif is regularly cultivating the plaint schedule land every year and raising dry crops even till today. The plaintif is in possession but a cloud is cast on the title of the plaintif on account of the written statement filed by the defendants as they are claiming a real title and therefore the plaintif is obliged to seek the relief of the declaration of title and consequential permanent injunction and alternative recovery of possession.
3. D.1 died, D.2 got filed his Written Statement and D.3 and D.4 adopted the written statement of D.2. The brief averments of the written statement and additional written statement are that an extent of Ac.0-14 cents in S.No.373/2 and Ac.0-28 cents in S.No.374/B2, were originally belonged to the ancestors of the plaintif is not true. The allegation that pattadar pass book and title deed were issued in favour of the plaintif entering the name of the plaintif in Revenue records is not true. The allegation that the family of the plaintif have cultivated the schedule land is also not true. The allegation that the plaintif and his brothers are in possession and enjoyment the schedule lands to the knowledge of all the villagers and the defendants and the plaintif has been cultivating the schedule land since more than 60 years till then is also not true. The papers filed by the plaintif are created with the collusion of the Revenue officers tampering the revenue records. The plaintif without filing the documents under which he succeeded the lands has filed the suit creating fake documents which are not creating any title to the plaintif for the schedule 5 lands. The allegation that the plaintif and his brothers are frequently going to Maharashtra and other districts for cooly works and used to cultivate the schedule lands as and when rain falls has been clearly proving that the plaintif is not in possession of the schedule lands. The allegation that the defendants are strangers, evil natured persons and land grabbers in the village, and cast an evil eye and have no manner of right, title or possession of the schedule lands and have been canvassing in the village stating that plaint schedule lands are belonging to them without having right, title, or possession and without filing documents proving their title. The allegation that the defendants have been canvassing in the village that they will forcibly enter into the schedule lands and plough the schedule lands and on 2-10-2011 the defendants with their followers obstructed the plaintif and his family members from cultivating the schedule lands and at that time the village elders intervened and sent the defendants and the defendants are powerful and rich in the village having men power and thereby the plaintif have been constrained to file the suit and other allegations are also not true.
It is further submitted that the plaintif without having right, title, possession or enjoyment of the schedule lands has filed the suit seeking injunction orders against the defendants who are having right, title, possession and enjoyment of the plaint schedule lands. Originally the land comprising in
S.No.373/2 admeasuring an extent of Ac.0-25 cents out of the total extent of
Ac.0-84 cents and an extent of Ac.0-12 cents in S.No.374/B2 out of the total extent of Ac.1-26 cents were succeeded by the 1st defendant who is the father of second defendant and the revenue authorities have registered the above extents in the name of father of second defendant basing on the 10 (1) accounts in R.O.R records and issued pattadar pass book and title deed in favour of second defendant and have been regularly booking cultivation of the above lands in the name of father of second defendant and also registered in 1B and 1A records in the name of the 2nd defendant. It is 6 further submitted that the papers filed by the plaintif are also clearly proving that the 2nd defendant and father of second defendant has got right, title, possession and enjoyment of the plaint schedule lands. As per the schedule filed by the plaintif the plaintif has no title, possession or enjoyment of the schedule lands and the defendants alone are having right, title, possession and enjoyment of the lands within the boundaries mentioned in the schedule. The allegation that the plaintif is in possession and enjoyment of the suit schedule property is not true. The suit filed by the plaintif alone without impleading his brother who is undivided and living jointly with him as per allegations of the plaint, the suit is not maintainable under law and sufers non-joinder of proper and necessary parties and the same is liable to be dismissed. There is no cause of action for the plaintif to file the suit and the cause of action stated in the plaint has been created for the purpose of filing the suit. They prayed the Hon’ble Court to dismiss the suit.
4. Basing on the above pleadings, the following issues and additional issues are framed for trial:- 1.Whether the plaintif is in possession and enjoyment of the Plaint schedule property as on the date of filing of suit ?
2.Whether the plaint schedule property is in possession and enjoyment of the 2nd defendant by way of succession from his father?
3.Whether the plaintif is entitled for permanent injunction over the the plaint schedule properties as prayed for? and 4.To what relief?
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Additional issues:-
5.Whether the suit is maintainable for non-joinder of the brother of the plaintif who is proper and necessary party?
6.Whether the plaintif has right to claim the suit schedule property which has been in possession and enjoyment of the defendants by virtue of granting pattadar pass book and title deed registering cultivation accounts in favour of the father of the defendants?
5. During the course of trial, P.W.1 and P.W.2 were examined and Ex.A.1 to Ex.A.19 were marked for plaintif. D.W.1 to D.W.5 were examined and
Ex.B.1 to Ex.B.7 were marked for defendants. Ex.X.1 to Ex.X.13 were marked through P.W.2.
6. Heard both sides.
7. Issue No.1 and 3 :- To prove his case, the plaintif himself got examined as P.W.1 and he got marked Ex.A.1 to Ex.A.19 and he got examined P.W.2 who is Tahsildar and Ex.X.1 to Ex.X.13 were marked through
P.W.2. P.W.1 deposed that the suit schedule property is settlement patta granted in the name of Sana Peddaiah who is the grand father of him at about 90 years ago. Immediate after patta Sana Peddaiah is in possession and enjoyment of the suit schedule property along with his son Pitchaiah.. At the time of Survey and settlement Sana Peddaiah name was entered in the settlement Register, Sankavaram village. At about 60 years ago, Sana
Peddaiah died leaving his only son Sana Pitchaiah. After death of Sana
Peddaiah, Sana Pitchaiah and sons Pedda Venkateswarlu (Plaintif), Sana
Chinna Venkateswarlu, Sana Thirupathaiah, Sana Venkateswarlu @ Kunteiah 8 are in joint possession and enjoyment of the suit schedule property. He acted as Kartha to their Joint Family. At about 25 years ago the family disputes arose between him and his brothers. On that he and his brothers orally partitioned entire properties of their father Sana Pitchaiah into four equal shares. In that partition the suit schedule property and some other properties were allotted to the share of him. The revenue authorities thoroughly enquired and recognized the possession and enjoyment of the suit schedule property by him and entered his name in the revenue records and issued pattadar passbook and title deed in his name. He raised dry crops every year. He is in possession and enjoyment of the suit schedule property. The defendants who were strangers to the suit schedule property and having docile nature and an evil eye over the suit schedule property as land grabbers in the village they have no manner of right, title or possession over the suit schedule property are canvassing in the village that the suit schedule property belongs to them and he and his brothers have no right, title or possession on it and if necessary they will forcibly enter into the suit schedule property even by use of force. Recently due to rainfalls he went to the suit schedule land for ploughing it on 2-10-2011 the defendants with their followers obstructed him and his family members for cultivating the suit schedule land. At the intervention of the village elders the defendants went away. It is no longer safe as the defendants are powerful in the village and they have got rich and men power, he and his family frequently left the village for cooly works, hence he is constrained to file the suit. As per orders in I.A.No.888/2016 in O.S.No.169/2011, dated 6-4-2017 amendment carried out. The defendants are contending that the land comprising S.No.373/2 measuring an extent of Ac.0-25 cents out of the total extent of Ac.0-84 cents and an extent of Ac.0-12 cents in S.No.374/2B out of the total extent of Ac.1- 26 cents was succeeded by the 2nd defendant and the revenue authorities have registered the above extents in the name of 1st defendant basing on the 9 10 (1) account in R.O.R records and issued pattadar pass book and title deed in favour the 2nd defendant and have been regularly booking cultivation of the above lands in the name of the 1st defendant and also registered 1 (B) and 1 (A) records in the name of the 2nd defendant. The plaint schedule land is always in exclusive possession and enjoyment of him. He is regularly cultivating the plaint schedule land every year and raising dry crops even till today. He is in possession but a cloud is cast on the title of him on account of the written statement filed by the defendants as they are claiming a real title and therefore he is obliged to seek the relief of the declaration of title and consequential permanent injunction and alternative recovery of possession. It is false that he filed the suit created with the collusion of the revenue officers tampering the revenue records. He without filing of the documents under which he succeeded the lands has filed the suit creating the fake documents which are not creating any title to him for the schedule lands, he without having right, title, possession or enjoyment of the schedule lands has filed this suit seeking injunction orders against them who are having right, title, possession and enjoyment of the plain schedule lands.
Originally the land comprising survey number 373/2 measuring an extent of
Ac.0-28 cents out of total extent of Ac.0-84 cents and an extent of Ac.0-14 cents in S.No.374/2B total extent of Ac.0-84 cents in S.No.374/2B out of the total extent of Ac.1-26 cents were succeeded by the 1st defendant who is the father of second defendant and the revenue authorities have registered the above extents in the name of father of second defendant basing on the 10 (1) accounts in R.O.R records and issued pattadar pass book and title deed in favour of second defendant and have been regularly booking cultivation of the above lands in the name of father of second defendant and also registered in 1B and 1A records in the name of the 2nd defendant. The documents filed by him are created documents for getting exparty injunction orders without having any right, title, possession and enjoyment. The 10 documents filed by the defendants are clearly proving that the 2nd defendant and father of second defendant has got right, title, possession and enjoyment of the plaint schedule lands. He has no title, possession or enjoyment of the schedule lands and the defendants alone are having right, title, possession and enjoyment of the lands within the boundaries mentioned in the schedule are all false. He got marked Ex.A.1 to Ex.A.19.
8. P.W.2 deposed that in RSR in survey number 373/2 the name of Sana
Peddaiah is mentioned. In 10(1) Account the name of Sana Pitchaiah is mentioned. In 1(A) Sana Pedda Venkateswarlu, s/o Pitchaiah is mentioned in
Survey numbers 373/2, 374/2B. The name of Sana Pedda Venkateswarlu, s/o
Pitchaiah is mentioned in 1B in Khata number 1172. He brought faslies 1418 to 1426, the adangal extracts 1415, 1416, 1417 and 1427 are not available. The name of Sana Pedda Venkateswarlu is mentioned in faslies 1418 to 1426 of survey numbers 373/2 and 374/2B. Ex.X.1 to Ex.X13 were marked through him.
9. P.W.1 admitted in her cross-examination that he filed the settlement patta issued in favour of Sana Peddiah. He did not file any document to prove about the partition of the suit schedule property among his brothers and allotment of share towards his share. He further admitted that partition was efected in the presence of elders Papasani Papirddy, Kesireddy and
Madathala Subbareddy. The suit schedule property is his ancestral property.
He allotted other lands to his brothers and took the suit schedule property towards his share. He further admitted that the defendants also filed
Pattadar pass books and title deed, adangal extracts proving that the deceased Nagireddy has got right and title for Ac.0-12 cents in S.No.374/2B 11 and Ac.0-13 cents in S.No.372/2. He lost his pattadar pass book but he did not apply for duplicate Pattadar pass book.
10. P.W.2 admitted in his cross-examination that re survey and resettlement have taken place in the year 1905. In Ex.X.1 the name of Sana Peddaiah was recorded. Subsequently 10(1) accounts were prepared basing on the right, possession and enjoyment of the individual rights. In Ex.X.2 the names of
Mule Peraiah, Mule Obanna, Mule Pitchaiah, Mule Guravaiah, Sana
Nagamma, Sana Pitchaiah and Sana Nagaiah were registered basing on the rights, possession and enjoyment of the lands comprising in S.No.373/2, 374/B2. In Ex.X.2 the extent of land owned and possessed by above six persons have not been mentioned. But all six persons registered in Ex.X.2 will get equal rights in the above survey numbers. Basing on the ROR act, 1971 and Rule framed in the year, 1989 1B registers are prepared He further admitted that if anybody succeeds property by purchase or by decree passed by civil court the names of persons will be registered in Ex.X.3 1 (A) an extant of Ac.0-13 cents was registered on the name of Mule Nagireddy, s/o
Pitchireddy for S.No.373/2. So also for S.No.374/B2 an extent of Ac.0-12 cents was registered on the name of Mule Nagireddy, s/o Pitchireddy i.e.,
Ex.X.3. 1(A) that is Ex.X.3 prepared is final and there is no authority to any authority to alter the same without any order by competent authority. In
Khata No.1211 the name of Mule Nagireddy, S/o Pitchireddy was registered in 1(B) for an extent of Ac.0-12 cents for S.No.374/B2 and for extent of Ac.0- 13 cents for S.No.373/2. Subsequently the Khata No.1211 registered on the name of Mule Nagireddy, s/o Pitchireddy was transferred to Khata No.910. In that Khata an extent of Ac.0-12 cents was registered for S.No.374/2 and in
S.No.273/2 was registered for an extent of Ac.0-13 cents that is his mistake in S.No.273/2 was mentione instead of 373/2 it is only mistake crept by the officials by putting S.No.273/2 instead of recording S.,No.373/2. Ex.X.3 12
Adangal extract for fasli 1418the name of Mule nagirddy, s/o Pitchiredy was registered as enjoyer for an extent of Ac.0-13 cents for S.No.373/2 So also in the same fasli for S.No.374/B2 the name of Mule nagireddy, s/o Pitchireddy was registered as enjoyer for extent of Ac.0-12 cents. Adangal extract for fasli 1419 i.e. Ex.X.6 an extent of Ac.0-13 cents was registered on the name of Mule Nagireddy, s/o Pitchireddy, for S.No.373/2. So also an extent Ac.0-12 cents was registered on the name of Mule Nagireddy, s/o Pitchireddy for
S.No.374/B2. In all the adangals Ex.X.5 to Ex.X.13 an extent of Ac.0-13 cents for S.No.374/B2 and for an extent of Ac.0-12 cents in S.No.373/2 was registered on the name of Mule Nagireddy, s/o Pitchireddy, Their records reveal that Mule Nalgireddy, s/o Pitchireddy has been in possession and enjoyment of Ac.0-12 cents in S.No.374/B2 and for an extent of Ac.0-13 cents in S.No.373/2. Ex.B.1 pattadar pass book, Ex.B.2 title deed were issued by their office in favour of Mule Nagireddy, s/o Pitchireddy for an extent of Ac.0- 12 cents in S.No.374/B2 and for an extent of Ac.0-13 cents in S.No.373/2.
Ex.B.3 ROR is issued by the then Tahsildar, Kanigiri in favour of Mule
Nagireddy, ws/o Pitchireddy for an extent of Ac.0-13 cents in S.No.373/2 and for an extent of Ac.0-12 cents in S.No.374/B2. Ex.B.4 and Ex.B.5 are issued by their office in favour of Mule Nagireddy for an extent of Ac.0-13 cents in
S.No.373/2 and for an extent of Ac.0-12 cents in S.No.374/B2 in favour of
Mule Nagireddy, S/o Pitchi reddy.
11. In re-examination P.W.2 admitted that in Ex.X.2 the column of the
Aasami name of Sana Pitchaiah, s/o Peddaiah was mentioned. In Ex.X.3 the name of Sana Pitchaiah, s/o Peddaiah round up and names Mule nagireddy and others names added but he does not know the reason for roundup the name of Sana Pitchaiah. In Ex.X.4 in Khata number 1211 there is no extension in S.No.373/2 in th e name of Mule Nagireddy. As per Ex.X.5 the khata No.7 is in the name of Mule Nagireddy. At present Mule Nagireddy 13 khata number is changed as 910. in Ex.X.6 the khata No.7 for fasli 1419 is in the name of Mule Nagireddy. In Ex.X.7 the khata No.7 for fasli 1420 is in the name of Mule Nagireddy. In Ex.X.8 there is no extension in the name of Mule
Nagireddy for for fasli number 1421. in Ex.X.9 there is no extension in the name of Mule Nagireddy for fasli number 1422 in Ex.X.10 there is no extension in the name of Mule Nagireddy for fasli number 1423. in Ex.11 there is no extension in the name of Mule Nagireddy for fasli number 1424, in
Ex.X.12 there is no extension in th name of mule Nagireddy for fasli No.1425.
In Ex.X.13 there is no extension in the name of Mule Nagireddy for fasli 1426.
12. The plaintif proved is title and possession. He got marked Ex.A.1 title deed, Ex.A.2 true extract of resurvey and settlement register. In that his name is clearly mentioned as enjoydar and pattadar. As per evidence of
P.W.1 and P.W.2 the plaintif filed settlement patta and title deed and as per evidence of P.W.2 the name of plaintif round up and defendants name added but there is no order in that round up. And the defendants have so many khata numbers instead of extension of khata numbers. Moreover, the defendants got lands basing on partition agreement. There is no right or title or possession basing on the partition agreement. Hence the plaintif proved his title and possession by way of marking Ex.A.1 to Ex.A.19 and the
Tahsildar gave evidence basing on the records and Ex.X.1 to Ex.X.13 were
Marked. Hence the plaintif proved the title, possession and enjoyment over the Plaint Schedule Property. Hence Issue No.1 and 3 are answered in favour of plaintif against the defendants.
13. ISSUE NO.2:- To prove their case, the defendants got examined
D.W.1 to D.W.5 and got marked Ex.B.1 to Ex.B.7. The revenue authorities issued pattadar Passbook in favour of defendants. Mere obtaining revenue 14 records not create any right over the suit schedule properties. As per evidence of P.W.2 the defendants names are added and round up the name of the plaintif without any order. It clearly shows that the defendants obtained passbook from the revenue authorities influencing the revenue authorities. Moreover, the khata numbers of the defendants not extended and there are so many khata numbers in the name of defendants. Hence
Issue No.2 is answered in favour of plaintif and against the defendants.
14. Issued No.5 : Plaintif filed suit on his property only. They have already got partitioned. So non- joinder of parties do not arise. Hence the issue is answered in favour of plaintif and against the defendants.
15. Issue No.6: The plaintif has proved his possession and enjoyment and title by virtue of title deed over the suit schedule property. He has perfect right and title by way of succession and ROR extract. In the light of facts stated above the plaintif proved his title, possession and enjoyment over the suit schedule property. The defendants got marked revenue records but there is no link document how they got those properties and correction in
ROR and other revenue records, round up the name of father of plaintif and added the names of defendant without any proper order. Even though the defendants got marked their revenue records, mere getting revenue records no right and title shall be acquired by the defendants. The Tahsildar admitted that no extension of khata numbers and so many khata numbers in the name of defendants and he further admitted that he does not know how the defendants got those properties. Hence this issue is answered in favour of plaintif and against the defendants.
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16. Issue No.4 :- In the result, the suit is decreed with costs declaring the plaintif as the absolute owner of the plaint schedule properties and granting consequential permanent injunction restraining the defendants, their men, representatives, agents, assignees from ever interfering with the peaceful possession and enjoyment of the plaint schedule property by the plaintif, his men, representatives, agents and assignees.
Typed to my dictation by the shorthand writer, corrected and pronounced by me in the open court, this the 25th day of April, 2018.
JUNIOR CIIVIL JUDGE,
Kanigiri.
Appendix of Evidence Witnesses Examined For Palintifs:- For Defendants:
P.W.1 : Sana Peda Venkateswarlu D.W.1: Mule Brahma reddy
P.W.2 : K.V.Satyanarayana D.W.2 : Mule yogi Reddy
D.W.3 :G.Laxmi reddy
D.W.4 : K. Rama Subbareddy
D.W.5: Mule Venkata Reddy
Exhibits Marked
For Plaintif:-
Ex.A.1 : Title Deed in the name of plaintif issued by by revenue authorities.
Ex.A.2 : True extract of resurvey and settlement register.
Ex.A.3 : True extract of 1A register
Ex.A.4 : True extract of No.3 adangal 16
Ex.A.5 : 1B extract obtained from Mee seva in the name of plaintif dated 3- 10-2017.
Ex.A.6 : No.3 adangal for survey number 373/2 for fasli 1421 in the name of plaintif, dated 16-8-2017
Ex.A.7 : No.3 adangal for survey number 373/2 for fasli 1422 in the name of plaintif, dated 16-8-2017.
Ex.A.8 : No.3 adangal for survey number 373/2 for fasli 1423 in the name of plaintif, dated 16-8-2017
Ex.A.9 : No.3 adangal for survey number 373/2 for fasli 1424 in the name of plaintif, dated 16-8-2017
Ex.A.10 : No.3 adangal for survey number 373/2 for fasli 1425 in the name of plaintif, dated 16-8-2017
Ex.A.11 : No.3 adangal for survey number 373/2 for fasli 1426 in the name of plaintif, dated 16-8-2017
Ex.A.12 : No.3 adangal for survey number 373/2 for fasli 1427 in the name of plaintif, dated 16-8-2017
Ex.A.13 : No.3 adangal for survey number 374/2B for fasli 1421 in the name of plaintif, dated 16-8-2017
Ex.A.14 : No.3 adangal for survey number 374/2B for fasli 1422 in the name of plaintif, dated 16-8-2017
Ex.A.15 : No.3 adangal for survey number 374/2B for fasli 1423 in the name of plaintif, dated 16-8-2017
Ex.A.16 : No.3 adangal for survey number 374/2B for fasli 1424 in the name of plaintif, dated 16-8-2017
Ex.A.17 : No.3 adangal for survey number 374/2B for fasli 1425 in the name of plaintif, dated 16-8-2017 17
Ex.A.18 : No.3 adangal for survey number 374/2B for fasli 1426 in the name of plaintif, dated 16-8-2017
Ex.A.19 : No.3 adangal for survey number 374/2B for fasli 1427 in the name of plaintif, dated 16-8-2017
For Defendants:-
Ex.B.1 : Pattadar pass book issued in favour of deceased father of
Defendants.
Ex.B.2 : Title deed issued in favour of deceased father of Defendants
Ex.B.3 : Computer copy of 1B register attested by Tahsidar
Ex.B.4 : Adangal extract for fasli 1419 (marked subject to objection)
Ex.B.5 : Adangal extract for fasli 1420 (marked subject to objection)
Ex.B.6 : Original Partition Agreement dated 11-7-1929
Ex.B.7 : Statement of Encumberance on property from mee seva dated 19-1- 2018
Documents Marked through P.W.2, Tahsildar.
Ex.X.1 : Attested copy of RSR registered on the name of Sana Peddaiah of Survey numbers 373/2 and 374/2B.
Ex.X.2 : Attested copy of 10(1) account registered on the name of Sana Pitchaiah of survey numbers 373/2 and 374/2B.
Ex.X.3 : Attested copy of 1(A) account registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of survey numbers 373/2 and 374/2B.
Ex.X.4 : Attested copy of 1B (ROR) account registered on the name of Sana Pedda Venkateswarlu, s/o Pitchaiah of survey numbers 373/2 and 374/2B.
Ex.X.5 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1418 of survey numbers 373/2 and 374/2B.
Ex.X.6 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1419 of survey numbers 373/2 and 374/2B.
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Ex.X.7 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1420 of survey numbers 373/2 and 374/2B.
Ex.8 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1421 of survey numbers 373/2 and 374/2B.
Ex.X.9 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1422 of survey numbers 373/2 and 374/2B.
Ex.X.10 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1423 of survey numbers 373/2 and 374/2B.
Ex.X.11 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1424 of survey numbers 373/2 and 374/2B.
Ex.X.12 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1425 of survey numbers 373/2 and 374/2B.
Ex.X.13 : Attested copy of No.3 adangal registered on the name of Sana Peda Venkateswarlu, s/o Pitchaiah of fasli No. 1426 of survey numbers 373/2 and 374/2B.
J.CJ., Kanigiri.
19
IN THE COURT OF JUNIOR CIVIL JUDGE :: KANIGIRI
Present: Smt.S.Thangamani, Junior Civil Judge, kanigiri.
Dated this the 12th day of April, 2018
O.S.1/2010
Between:
Sammani Bhagya Laxmi, w/o Venkata Ramana Rao,
Hindu, House Wife, aged about 55 years, resident of D.No.574, 9th ward, Kanigiri village and Mandal of Prakasam District.
… Plaintif
And
1.Sirimamilla Malakondamma, wife of Sri Bala Guravaiah, house wife, aged 35 years, 2.Sirimamilla Bala Guravaiah, s/o Guravaiah, House welfare officer, B.C.Hostel, Kanigiri, aged 45 years,
Both are Hindus, wife and husband, residents of
N.G.O colony, Venkateswara Cinema Theatre,
Kanigiri village and Mandal, Prakasam District. …. Defendants
This is a suit filed for grant of permanent injunction restraining the defendants, their men, assignees, legal heirs and representatives from in any way interference or causing obstructions with the peaceful possession and enjoyment of suit schedule property by the plaintif and for costs of the suit. Plaint Presented on: 19-1-2010 and filed on: 19-1-2010
Court fee :- For the purpose of court fee and jurisdiction the relief of Permanent Injunction is notionally valued at Rs.5,000/- on which a court fee of Rs.411/- is paid u/s 26 ( c) of APCF and SV Act, 1956.
The suit coming on 1-3-2018 for final hearing before me in the presence of Sri J.S.Babu rao, Bala Bramham Murahari, Advocates for Plaintif and of Sri Abdul Gafar Shai Advocate for Defendants, upon perusal of material on record, upon hearing and having stood over for consideration till this day, this court doth order and decree:-
1. that the suit be and the same is hereby dismissed;
2. that the defendants do pay to the plaintif a sum of Rs.nill/- towards costs of the suit. (No cm and fc filed) ( Plaint Schedule is attached herewith the decree) 20
Given under my hand and the seal of this court, this the 12th day of April, 2018.
JUNIOR CIVIL JUDGE,
KANIGIR.
TABLE OF COSTS
For Plaintifs: For Defendants:
Stamp on Vakalat Rs. 2-00 No cm and fc filed Stamp on plaint Rs. 411-00 --------------- Rs. 413-00 ------------------ no cm and fc filed
J.C.J.,Kanigiri