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IN THE COURT OF THE IV ADDITIONAL DISTRICT & SESSIONS
JUDGE, JUDGE RANGA REDDY DISTRICT AT LB NAGAR
Present : Sri V.Niranjan Rao,
B.Sc (Hons'), M.A, LL.M. PGDCL
IV Additional District Judge
Ranga Reddy District at LB Nagar
Wednesday, this the 26th day of October, 2016
OS No. 90 of 2011
Between:
1. J. Raghava Reddy S/o. Late Anji Reddy Aged about 53 Years, Occ: Business R/o. H. No. 9925/3, Reddy Colony Sagar Road, Champapet, RR District
2. J. Surender Reddy S/o. Late Anji Reddy Aged about 49 Years, Occ: Business R/o. H. No. 9925/3, Reddy Colony Sagar Road, Champapet, RR District
3. J. Vishnu Vardhan Reddy S/o. Late J. Ram Reddy Aged about 33 Years, Occ: Agriculture R/o. H. No. 9925/3, Reddy Colony Sagar Road, Champapet, RR District
4. J. Srisailam Reddy S/o. Late Yella Reddy Aged about 66 years, Occ: Retd Employee R/o. H. No. 8232, Vyshnavi Nagar Champapet, RR District
5. J. yadav Reddy S/o. Late Yella Reddy Aged about 62 Years, Occ: Agriculture R/o. H. No. 9916/9, Reddy Colony
Sagar Road, Champapet, RR District...Plaintiffs
And
1. J. Ram Reddy S/o. Late Yetta Reddy Aged about 60 Years, Occ: Business R/o. H. No. 99112, Opp: Maruthi Hospital Reddy Colony, Champapet, RR District
2. J. Janga Reddy S/o. Late Yetta Reddy Aged about 55 Years, Occ: Business R/o. H. No. 9196, Main Road, Reddy Colony Champapet, RR District
3. J. Veera Reddy S/o. Late Yetta Reddy Aged about 49 Years, Occ: Business R/o. H. No. 99116, Opp: Maruthi Hospital Reddy Colony, Champapet, RR District
4. J. Narsimha Reddy S/o. Late Yetta Reddy Aged about 44 Years, Occ: Business R/o. H. No. 99113, Reddy Colony Champapet, RR District 2
5. J. Rajanikanth Reddy S/o. J. Ram Reddy Aged about 32 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
6. J. Srikanth Reddy S/o. J. Ram Reddy Aged about 28 Years, Occ: Agricuture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
7. J. Laxmikanth Reddy S/o. J. Janga Reddy Aged about 31 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
8. J. Ravikanth Reddy S/o. J. Janga Reddy Aged about 29 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
9. J. Venees Reddy S/o. J. Veera Reddy Aged about 27 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
10. J. Vinay Reddy S/o. J. Veera Reddy Aged about 26 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
11. J. Avinash Reddy S/o. J. Narsimha Reddy Aged about 27 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
12. S. Hemalatha W/o. Srikanth Reddy Aged about 37 Years, Occ: Housewife R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
13. S. Sreelatha W/o. Indrapal Reddy Aged about 35 Years, Occ: Housewife R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
14. M. Sneha W/o. Ravi Chandra Reddy Aged about 23 years, Occ: Housewife R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
15. Jitta Sreeja D/o. Narsimha Reddy Aged about 21 Years, Occ: Student R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
16. M/s. Peddi Infrastructure Projects Pvt Ltd Rep by its Director Peddi Pratap Reddy S/o. P. Mohan Reddy, Aged about 30 Years Occ: Business, Flat No. 205 My Home Lakshmi Nivas Apartments
Ameerpet, Hyderabad...Defendants
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This suit is coming on 27092016 before me for hearing in the presence of Sri S.V.Ramana Rao, Counsel for the Plaintiffs and of Sri G. Sathya Veer Reddy, Counsel for Defendants ; and upon perusal of the material papers on record and the case having been heard and stood over for consideration till this day, this court delivered the following judgment.
J U D G M E N T
This suit is filed by the plaintiffs against the defendants 1 to 4 for partition of the suit schedule property and allot half share to the plaintiffs.
Subsequently, the plaintiffs impleaded D5 to D16 as per orders in IA
No.956 of 2011 dated 08022013.
The brief and important averments in the plaint are that the father of the plaintiffs 1 and 2 late Anji Reddy, the father of 3rd plaintiff late J.
Ram Reddy and plaintiffs 4 and 5 are the sons of late Yella Reddy and they are real brothers. The father of defendants late J. Yetta Reddy and Late
AnjiReddy, Late J. Ram Reddy, plaintiffs 4 and 5 constitute joint family which owned and possessed the agricultural land in Survey Nos. 8 to 15 total admeasuring Ac.1103gts situated at Champapet Village, Saroornagar
Mandal, RR District. Out of the joint family properties, the late father of the defendants was having half share and the plaintiffs are having half share. The entire land covered by Survey Nos. 9 to 11, 13 to 15 was laid out into residential plots and most of them are sold out jointly. The entire extent of land in Survey No. 12 of Champapet Village admeasuring Ac.1 05gts is retained by joint family of plaintiffs and defendants and they are in joint possession of the same. The land in the said survey numbers is abutting to Sagar Road and the said road is on the south of the said land.
There was no partition of the land admeasuring Ac.105gts covered by
Survey No. 12 of Champapet Village, Saroornagar Mandal, RR District which is suit schedule property. The father of the defendants filed a suit for perpetual injunction in OS No. 273 of 1987 on the file of Principal
Junior Civil Judge, East & North, RR District against the father of the 4 plaintiffs 1 and 2, father of plaintiff No.3 and plaintiffs 4 and 5 in respect of land admeasuring 4675 square yards out of Survey Nos. 9 to 15 alleging that the said extent of land is allotted to his share in the oral partition and that similar extent of land is allotted to the share of the plaintiffs herein, and the defendants there in are attempting to interfere with their possession. During the pendency of the suit, the matter was negotiated between the parties and they have arrived at an understanding to settle the dispute and the same was reduced into writing and the suit was decreed in terms of said understanding in which it is agreed that the land out of Survey Nos. 9 to 15 shall be partitioned equally and the land facing the Sagar Road ie, suit schedule property shall be share equally. It is also further agreed that the extent of land claiming in that suit is physically not available and whatever extents is physically available, the parties have agreed to share in equal proportions. In so far, as part of the land covered by well in Survey No.12, its surrounding land together with motor pump, it was agreed that after measurement of the patta land in Survey Nos. 9 to 15 of Champapet, such of the party is entitled to retain the said land who ever offer more price. It is further agreed in the said understanding that in the layout made in Survey Nos. 9 to 15, part of the land in adjoining
Survey No. 8 belonging to the plaintiffs herein and the land in Survey No.
16 belonging to the defendants herein was included and that the extent of such land covered by Survey Nos. 8 and 16 has to be surveyed and on such survey, the excess land covered by any of such survey number shall be compensated in term of money @ Rs.6,250/ per gunta. In so far as, the land north of house of late Yetta Reddy, bearing H. No. 196, which was claimed by father of plaintiffs 1 and 2 herein in which the defendants also claimed some extent, it was decided to allot similar extent of land, whatever is found belonging to the father of the defendants in the said open land, out of land in Survey Nos. 9 to 15 by the plaintiffs herein.
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Though it was agreed to get the land surveyed and to share the land equally, no such survey is conducted because of various reasons including the claim of the Government in respect of land in Survey Nos. 8 and 16 which are abutting the land in Survey Nos. 9 to 15. The Government initiated the proceeding under AP Land Grabbing (Prohibition) Act and they went upto Supreme Court of India. All the issues agreed upon in the above said understanding are not implemented for noncooperation of the defendants. Though the plaintiffs are ready and willing to honour the understanding, but the defendants are not coming to get the land surveyed and demarcate the shares by metes and bounds and the defendants recently on 15022011 have started cleaning up the part of the suit schedule land admeasuring 4225 square yards with the dimensions of 191' x 200' out of Survey No. 12 claiming that they are entitled for entire land, on the ground that the total length of the land facing the Sagr Road is about 380 feet and they are entitled for 190 feet length of road facing land and that the plaintiffs have already constructed the building in their share of land with road facing of 190 feet. The land in
Survey No. 12 alone is abutting the Sagar Road and the lands in other
Survey Nos. 9 to 11, 13 to 15 are not abutting the road. On the East of the land in Survey No. 12 abutting the Sagar Road, the land in Survey No. 8 is existing which is the exclusive property of the plaintiffs and the buildings constructed by them are within the Survey No. 8 and they have not made any constructions in Survey No. 12. The entire road facing of Survey No.
12 is about 290 feet. Through the said piece of land, a road is passing through dividing the land into two pieces, one piece on the East having a road facing of 191 feet and another piece having about 100 feet road facing and said part of piece is covered by a well. The extent of the land covered by said road is about 5 guntas and net are available will be Ac.100gts.
When the plaintiff resisted the acts of the defendants and called for a 6 meeting to resolve the dispute, though the plaintiffs and defendants have met on 21022011 and mutually agreed to get the land surveyed and find out extent of land is facing the road out of the land in Survey No. 9 to 15, however, the defendants without getting the land surveyed and without getting the shares demarcated by metes and bounds have again engaged
JCB machine and commenced cleaning work and also dug the trench for layout foundation for construction of compound wall on 24022011. When the plaintiffs requested the defendants not to carry on any work over the suit schedule property till the land is demarcated and the shares of the parties are identified by metes and bounds, the defendants are in no mood to heed to the demand of the plaintiffs and they threatened that they will not stop the work alleging that it is their share of land and they are ready to face any action of the plaintiffs. The suit schedule property is the joint property of the plaintiffs and defendants and both are bound by the understanding between them and their predecessors on 27061987.
Though it was agreed in the said understanding that both the parties will share equally out of the land available in Survey Nos. 9 to 15 and in the land facing the Sagar Road with equal shares, the plaintiffs taking their half share on the East of the land and the defendants have taken their half share on the West, no demarcation is done till now and the shares are not earmarked by metes and bounds. The gift deeds executed by late J.
Yetta Reddy in favour of the defendants 1 to 4 and defendants 5 to 11 herein pertaining to the suit schedule property through registered gift deeds bearing document Nos. 10393 of 2003, 10394 of 2003 dated 2908 2003 and document bearing Nos. 10543 of 2003 and 10544 of 2003 dated 30082003 and development agreementcumGPA executed by the defendants 1 to 4 and defendants 5 to 15 in favour of defendants No. 16 through registered deed bearing No. 3741 of 2008 dated 10092008 are not valid and binding upon the plaintiffs. Late J. Yetta Reddy is not the 7 exclusive owner of the property and it is joint family property of the plaintiffs and defendants 1 to 15 herein, as such he was not competent to convey the property and the said gift deeds are void abinitio as no partition took place in respect of the suit schedule property. Hence, the plaintiffs are constrained to file the suit for partition.
2.i)Defendants 1 to 4 filed written statement denying all the plaint averments while admitting the relationship between the parties and submits that in fact the plaintiffs and defendants are half share holders in land bearing Survey Nos.9 to 15 admeasuring Ac.1103gts of
Tummalakunta Village under Lingojiguda Grampanchayat, Saroornagar
Mandal, RR District but not in Champapet Village. Originally the land bearing Survey Nos. 9 to 15 total admeasuring Ac.1103gts situated at
Tummalakunta Village, Saroornagar Mandal, RR District are the joint property of plaintiffs and defendants. In the year 1975, the plaintiffs and father of these defendants plotted the entire extent after getting the approved layout from the Grampanchayat, Lingojiguda and in pursuance of the same, the plaintiffs and defendants have sold most of the plots in the said layout by retaining themselves an area of 9350 square yards which is abutting to the Nagarjun Sagar road and the said extent was orally partitioned between the plaintiffs and defendants in the month of
July, 1985 and land admeasuring an extent of 4675 square yards fell to the share of the plaintiff and another 4675 square yards fell to the share of father of the defendants and the share of the plaintiffs has got allotted towards Eastern side of layout and the share of father of the defendants has got allotted Western side of the layout and the said partition has been accepted by plaintiffs and defendants herein and after partitioning the said extent, the plaintiffs herein also got divided their half share in between them and each of the plaintiffs have got constructed shopping 8 complexes in their respective extents and enjoyed themselves by giving lease to the lease holder and since 1985 ie, on the date of partition, they enjoyed the rents from the shopping complexes and in the year 1987 when the father of the defendants proceed to construct a compound wall over their allotted area, at that time the plaintiffs herein without having any manner of right title or interest has tried to interfere in their construction activities, as such the father of the defendants filed OS No. 273 of 1989 against the plaintiffs on the file of Principal Junior Civil Judge, East and
North, RR District and in the said suit, after completion of trial, on the intervention of elders compromise the matter by entering into several terms and conditions, in which several clauses have been incorporated that the area facing Sagar road out of the land bearing Survey Nos. 9 to 15 has to be share equally and the said land also got divided after the said compromise in between these defendants and the plaintiffs herein in which the entire extent of 9350 square yards facing towards road is divided into two halves and the plaintiffs have taken Easter Side and the defendants have taken Western side ie, 4675 square yards each. The said area of 9350 square yards is falling in Survey No. 11 and 12, but the plaintiffs intentionally with a mala fide intention to deprive the legitimate right of these defendants stated and pleaded that only Survey No. 12 is facing Sagar Road but as a matter of fact the area which is in front of
Survey No.11 is consisting of old well which was also got included in
Survey No. 11 thereby the entire Survey No. 11 is facing Sagar Road. Apart from that in view of the present extension of the road, Survey No. 11 is also facing the Sagar road which is being intentionally suppressed by the plaintiffs and started claiming that the said area is part and parcel of
Survey No. 8. As a matter of fact, both the Survey Nos. 11 and 12 are facing road area comprising of 9350 square yards and the same has been mutually got divided and the same was confirmed vide judgment passed 9 by the Principal Junior Civil Judge, East and North in OS No. 273 of 1987
dated 18061993 in which both the parties have got half share and after
partition, the plaintiffs constructed permanent structures in their respective lands allotted to them and the area which has been allotted to the defendants was kept vacant without effecting and making any sort of construction. After road widening, both the plaintiffs and defendants got 210' feet road facing area as agreed under compromise. However, while making the construction, the plaintiffs also encroached a little bit more than they are allotted to them and made permanent structures depriving the area of these defendants. The said division also got effected in the earlier suit itself by the commissioner, who has been appointed by the
Court in in OS No. 273 of 1987 who got surveyed the land with the help of
Government Surveyor and also got filed the map along with his report.
The Survey Nos. 11 and 12 are earlier joint family lands and the same has been got divided and partitioned. The plaintiffs by suppressing these fact filed the present suit to knock away half of the area which has been fallen to the share of these defendants which was kept open, by making an allegation that the area which they got constructed already in the open area facing the Sagar Ring road in Survey No. 11 by saying that the same is part of Survey No. 8 belonging to them. Though the father of the defendants is entitled for an area of 4675 square yards as stated above, but by encroachment made by the plaintiffs over the area of those defendants has been minimized to 4222 square yards. The father of the defendants settled the land fell to his share by way of executing four registered gift deeds bearing Nos. 10393 of 2003 and 10394 of 2003 dated 29082003 in respect of 633 square yards each in favour of these defendants and gift deeds bearing Nos. 10543 of 2003 and 10544 of 2003
dated 30082008 in respect of 1475 square yards in Survey No. 12 in
favour of Rajinikanth Reddy, Srikanth Reddy, Laxmikanth Reddy, 10
Ravikanth Reddy, Vennis Reddy, Vinay Reddy, Avinash Reddy who are sons of defendants (ie D5 to 12) and grandsons of Yetta Reddy and thus, the defendants are entitled to an extent of 1266 square yards and 2956 square yards belong to the grand sons of Yetta Reddy. The plaintiffs already got constructed in the area fallen to their share towards road facing area in Survey Nos. 11 and 12 and the road facing area in Survey
No. 11 and leased out the mulgies to More Super Market, Maharastra
Bank and others shops long back nearly about 25 years and they are enjoying the rents and now with a malafide intention to deprive the legitimate right of the defendants and made them not to enjoy their part of share, got filed the present suit. The defendants along with their sons entered into development agreement with third parties under registered development agreement and the developer also obtained ULC and other clearance certificate and the defendants also constructed compound wall on Eastern Side. The plaintiffs have no cause of action to file the suit and the suit is also barred for non joinder of necessary parties. As the plaintiffs are not in joint possession, they have to pay the the court fee under Section 34(1) of APCF and SV Act. The plaintiffs approached the court with unclean hands by suppressing the entire material and true facts as such the suit is liable to be dismissed ii)The defendant No.16 also filed written statement adopted by defendants 5 to 15 on similar lines as that of defendant No. 1 to 4 and further stated that the defendants being the absolute owners and possessor of nearly 2/3rd are of the suit property, jointly entered into with this defendant under a registered development agreement and in the process of development of the suit property, the defendant incurred huge amounts for obtaining ULC and other clearance certificate and also clearing the land making construction of the compound wall and erecting 11 the gates. There is compound wall on the eastern side and on one side there is wall of the plaintiffs which they made permanent structures in
Survey No. 12 and on other two sides there is fencing with tin sheets and the defendants also got erected a gate on the north east corner, as such the plaintiffs have no concern with the suit schedule property and the plaintiffs intentionally making such allegations with an intention to cause obstructions in the development activity being made by the defendant and filed the present suit for monetary benefits from the defendants. There is no cause of action for filing the suit and the court fee as paid by the plaintiffs is not correct and the suit is also barred by limitation as such the suit is liable to be dismissed.
3.Basing on the above pleadings, the following issues are settled for trial:
1) Whether the plaintiffs are entitled for partition as prayed for?
2) Whether the suit is bad for non joinder of necessary parties?
3) To what relief.
4.During the trial, the plaintiffs examined the plaintiff No.2 as P.W1 and got marked Ex.A1 to A15. Ex.B1 to B11 are marked during the crossexamination of P.W1. On the other hand, the defendants examined the 1st defendant as D.W1 and through him Ex.B12 to B24 are marked.
The defendants also examined S. Rajashekar Reddy as D.W2 in support of their case, who is adjacent land holder of the suit properties.
5.This court heard both sides after completion of trial. The counsel for the defendants also submitted written arguments.
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6.Issue No.1 :
Whether the plaintiffs are entitled for partition (of suit schedule property) as prayed for?
The case of the plaintiffs it that the father of the plaintiffs 1 and 2 late Anji Reddy, the father of the 3rd plaintiff late J. Ram Reddy, plaintiffs 4 and 5 and the father of defendants 1 to 4 J. Yetta Reddy constitute joint family and they were owning and possessing agricultural lands in Survey
Nos. 8 to 15 total admeasuring Ac.1103gts. Thefurther case of the plaintiffs is that the said land is in Champapet Village, Saroornagar
Mandal, RR District and that the joint family members made the survey numbers 9 to 11, 13 to 15 into plots and most of the said plots were sold jointly by the family members of the plaintiffs and defendants. The further case of the plaintiffs is that, however the land in Survey No.12 which is to the extent of Ac.105gts which is suit schedule property is retained by the joint family of the plaintiffs and defendants and they are in joint possession and the said land is abutting the Sagar Road and it is further case of the plaintiffs that the father of the defendants filed OS No. 273 of 1987 on the file of Principal Junior Civil Judge, East and North against the father of the plaintiffs 1 and 2 herein father of plaintiffs No.3 and plaintiffs 4 and 5 stating that they are trying to interfere in his possession to the extent of 4675 square yards out of Survey Nos. 9 to 15 as there was some oral partition and in that suit, there was compromise and understanding which has been recorded by the curt and there was an understanding that whatever extent remaining after sale of the land in
Survey Nos. 9 to 15, the same is to be partitioned equally and the land facing Sagar road shall be shared equally and it is further agreed that the said land should be surveyed to have physical possession, but the defendants failed to cooperate, as such, the said understanding entered 13 into the said suit could not be materialized. The further case of the plaintiffs is that the land in Survey No. 8 is exclusive property of the plaintiffs and that they have constructed buildings in the said land which is East of the land in Survey No. 12 ie, suit schedule property and that the plaintiffs have not made any construction in Survey No. 12 as the entire road facing of survey No.12 is about 290 feet and a road is also passing through, dividing the said land and that the plaintiffs are entitled for share in the said land to half share, but without demarcating and there being division by metes and bounds, the father of the defendants have executed gift deeds in favour of defendants 1 to4 and also his grand sons vide document bearing Nos. 10393 of 2003, 10394 of 2003 dated 2908 2003 and document bearing Nos. 10543 of 2003 and 10544 of 2003 dated 30082003 and further case of the plaintiffs is that the defendants 1 to 15 also executed development agreementcumGPA in favour of defendant
No. 16 vide document No. 3741 of 2008 dated 10092008 and that the said documents are not binding on the plaintiffs and they are not valid and they are void abinitio and as such the plaintiffs are constrained to file the suit for partition and separate possession, as such the plaintiffs are entitled for partition.
Reiterating the case of the plaintiffs, the learned counsel for the plaintiffs submits that the evidence of P.W1 establish the fact that there was no partition of the suit schedule property, though the other properties have been partitioned orally and that the said other properties have been made into plots and the plots were sold long back. The learned counsel for the plaintiffs further submits that the alleged surveys as conducted by the defendants cannot be accepted as they have been done without the knowledge of the plaintiffs and the documentary evidence as filed by the defendants is not useful and the counsel then submits that the 14 documentary evidence as filed by the plaintiffs under Ex.A1 to A15 categorically establish the aspect that in fact the suit schedule property has not been divided and that it is not exclusive property of the defendants and the plaintiffs are entitled for half share in the suit schedule property. The counsel for the plaintiffs further submits that the admissions made by P.W1 in his crossexamination could not affect the case of the plaintiffs and they are not material admissions and he submits that the evidence of D.Ws1 and 2 would not in any way help the case of the defendants and in the context of categorical assertion of the case by
P.W1 and that the documents executed by defendants are not valid and that the decree in OS No. 273 of 1987 and the memorandum of mutual understanding ie, Ex.A2 not acted upon as such, it cannot be said that there is any division of the property as such the plaintiffs are entitled for half share in the suit schedule property and the suit be decreed.
On the other hand, the case of the defendants is that the case of the plaintiffs that the suit schedule property is joint family property of the plaintiffs and defendants is false and the plaintiffs have no concern with the suit schedule land. The case of the plaintiffs that they had land in
Survey Nos. 8 to 15 admeasuring Ac.1103gts in Champapet Village is not correct, but the said lands belongs to Survey Nos. 9 to 15 admeasuring
Ac.1103gts in Tummalakunta Village, Lingojiguda Grampanchayat,
Saroornagar Mandal. The plaintiffs and defendants 1 to 4 being half share holders in land bearing Survey Nos. 9 to 15 admeasuring Ac.1103gts in the year 1975 itself the plaintiffs and father of defendants 1 to 4 plotted entire extent after getting approval of layout from Grampanchayat,
Lingojiguda and sold most of the plots, retaining an area of 9350 square yards which is abutted to Nagarjuna Sagar Road and said extent is orally partitioned between the plaintiffs and defendants 1 to 4 in the month of 15
July, 1985 and the land admeasuring 4675 square yards area fell to the share of the father of the defendants 1 to 4 and land admeasuring 4675 fell to the share of the plaintiffs and the share of the plaintiffs got allotted towards Eastern side of layout and the share of the defendants was allotted towards Western side of layout and the partition has been accepted to that extent and the plaintiff got divided half share in between them and each of the plaintiffs got constructed shopping complexes in their respective extents and got enjoying themselves by giving lease to the leaseholders from 1995 onwards and when the plaintiffs tried to interfere with the possession of father of defendants 1 to 4, the father of defendants 1 to 4 filed OS No. 273 of 1987 and there was an understanding in the said suit and one of the clauses in the said understanding is the area facing Sagar Road out of the land bearing Survey Nos. 9 to 15 has to be shared equally and the said land got divided after the said compromise in between the plaintiffs and defendants and the defendants have been given the western side and the plaintiffs got eastern side and the total extent of said road facing area is 9350 square yards. The further case of the defendants is that the said area of 9350 square yards forms part of Survey
No.11 and Survey No.12, however, the plaintiffs suppressing the said fact and with mala fide intention to deprive the legitimate right of the defendants pleaded in the plaint that it is in Survey No.12, though they know that it is in Survey Nos. 11 and 12. The plaintiffs also intentionally suppressed the fact that the land in Survey Nos. 11 and 12 is facing towards Sagar Road and intentionally averred falsely that they have made constructions in Survey No.8 which is facing to the Sagar road. The plaintiffs made constructions in Survey No.12 whereas the defendants kept their land vacant without any construction. However, taking advantage of the land of the defendants being vacant and when the defendants have entered into development agreement and trying to 16 construct, the plaintiffs filed this suit only to extract money from the defendants and further to encroach into the land of the defendants as already, they have encroached 20 feet of defendants 210 feet road facing area. Since the suit land is exclusive property of the father of defendants 1 to 4, he divided the said land by executing four registered gift deeds in the year 2003 in favour of defendants 1 to 4 and defendants 5 to 15 and they also entered into development agreementcumGPA with defendant No.16 and also obtained required permission and as the plaintiffs filed the suit with false statements and suppressing the material facts, the suit of the plaintiffs is to be dismissed with exemplary costs.
Reiterating the case of the defendants, the learned counsel for the defendants submits that the plaintiffs came to the court with unclean hands and suppressing the material facts that the land facing towards
Sagar Road forms part in Survey Nos. 11 and 12 and that there was already partition among the plaintiffs and defendants and that the plaintiffs have raised construction in his Survey No. 11 and part of Survey
No.12 whereas the defendants kept their share of land vacant facing towards road. And having made constructions in their land, the plaintiffs now trying to have the land of the defendants by filing a false suit. The learned counsel for the defendants further submits that apart from the evidence of D.Ws1 and 2 and the documentary evidence as filed by the defendants would not only establish the case of the defendants but demolishes the case of the plaintiffs and he further submits that the crossexamination aspects and clear admissions made by P.W1 in his crossexamination only supports the case of the defendants, in fact demolishes the case of the plaintiffs that the suit schedule property is joint family property and that there was no partition of the said property.
The counsel for the defendants further submits that the cross 17 examination aspects of P.W1 clearly and categorically establish that there was partition of the joint family properties in Survey Nos. 8 to 15 including Survey Nos. 11 and 12 and as per the understanding in compromise in OS No. 273 of 1987. The counsel for the defendants further submits that the fact that P.W1 admits to survey being conducted thrice and the advocate commissioner being submitted his report shows that in fact survey of the land has been done and the partition took place and the counsel for the defendants further submits that the fact that plaintiff No. 4 who filed his chief affidavit as P.W1 and later did not appear before the court as such his evidence was eschewed, which clearly goes to show that the plaintiffs suppressed the material facts and as such the plaintiff No.4 failed to appear before this court for crossexamination and the learned counsel for the defendants further submits that P.W1 clearly admits to the fact that plaintiff No. 4 did not come to the court for crossexamination and the said plaintiff however came to the court denying chief examination of P.W1 and this fact which itself shows that the plaintiffs have filed a false suit and that P.W1 is deposing false. The evidence of P.W1 is falsified with the aspect of his admissions in his crossexamination and in the context of admissions, the counsel submits that it is to be held that the properties which fell to the share of the plaintiffs have in turn partitioned among themselves and the registered partition deeds and the registered settlement deeds and gift deed which in fact admitted by P.W1 when confronted to him which are marked as 'B' serries ie, Ex.B6 to B11 would falsify the case of the plaintiffs that there was no partition of the property and on the other hand establishes the case of the defendants that in fact all the properties including the suit schedule property has been divided among the plaintiffs and father of the defendants 1 to 4 and they are in separate possession of their respective shares and the counsel for the defendants further submits that the 18 admission of P.W1 establish the fact that constructions have been made by plaintiffs in Survey No. 11 and the plaintiffs failed to produce any documentary evidence before the court to support their version that the said construction have been made in Survey No. 8 but not in Survey No.
11 and the fact that they have not produced any document to establish their case, falsifies their case and the counsel submits that the cross examination aspects of P.W1 shows that the said partition or settlement deeds do not state as to survey No.12 being joint family property falsify the case of the plaintiffs that the suit schedule property is still in joint family property and the counsel submits that the documents as filed by the defendants ie, requisite sanctions and permissions from the authorities show that the suit land is of the defendants and that they in turn obtained requisite permissions and sanction for conversion of the land from agricultural into commercial and also obtained permissions for developmental activities and the counsel for the defendants further submits that the defendant No.16 has entered into development agreementcumGPA and has started work, which goes to show the case of the defendants and submits that Issue No.1 be held in favour of the defendants and the suit be dismissed with costs and also with exemplary costs.
At the outset, it is to be stated that as rightly pointed out by the learned counsel for the defendants, though initially the evidence affidavit of plaintiff No.4 is filed in to the court as P.W1, but later plaintiff No.4 did not appear before the court and his evidence was eschewed and later the plaintiff No.2 has been examined as P.W1. In his crossexamination P.W1 states that the plaintiff No.4 came to the court building today ie, on 03rd
September, 2014 and the said witness having realized his mistake again states that he is not aware whether the plaintiff No.4 came to the court 19 today. P.W1 admits to the fact that the plaintiff No. 4 filed his evidence affidavit to record his chief affidavit and due to his absence they filed memo to eschew his evidence and then got filed his affidavit as P.W1. So, in the context that the plaintiff No.4 has been attending to the proceedings and when he filed his chief affidavit and later he did not appear before the court and his evidence affidavit eschewed and these facts in the absence of any explanation from the plaintiffs side as to why plaintiff No.4 who in fact filed his chief affidavit did not appear before the court though he is party to the proceedings and give evidence in fact supports the case of the defendants that the plaintiff No.4 was in fact fear of crossexamination, as plaintiffs have not come to the court with clean hands. When the plaintiffs case is that the suit schedule property is joint family property of the plaintiffs and defendants 1 to 15. Then the burden is on the plaintiff to to establish the said aspect. But, in view of the clear admissions in the crossexamination of P.W1 which are rightly pointed by the learned counsel for the defendants, the case of the plaintiffs that the suit schedule property is joint family property of the plaintiffs and defendants 1 to 4 and 5 to 15 falls to the ground and the plaintiffs did not produce any documentary evidence to show that in fact the suit schedule property is joint family property and the documentary evidence as filed by the plaintiffs in the form of Ex.A1 to A15 do not help the case of the plaintiffs to establish that the suit schedule property is joint family property and that they are in joint possession of the property. As rightly contended by the counsel for the defendants, when the case of the defendants is that the constructions were raised by plaintiffs are in Survey No. 11 and party of Survey No.12, but not in Survey No. 8, the plaintiffs are expected to file documentary evidence to show that in fact constructions were raised by them are in Survey No. 8 and as rightly contended by the learned counsel for the defendants, the plaintiffs can file the said documentary evidence, 20 in the context that they have obtained permissions and raised constructions and the fact that the plaintiffs failed to file the said documents in view of the clear case of the defendants, to establish that the constructions raised by them are in Survey No. 8 and not in Survey
Nos. 11 or part of Survey No.12, it is to be presumed that the said constructions are not made in Survey No. 8 and that they are in Survey
No. 11 and part of Survey No. 12 as contended by the defendants and proved and established by the defendants through crossexamination of
P.W1. The case of the plaintiffs that there was no partition of the properties by metes and bounds and only the land in Survey Nos. 9 to 11 and 13 to 15 have been partitioned orally and as the said lands were converted into plots and most of the plots were sold jointly is also not established by them. On the other hand, the documentary evidence as filed by the defendants under Ex.B6 to B11 which are partition deeds and settlement deeds entered in between the plaintiffs and their family members show that in fact there was partition of the properties and that the plaintiffs in turn partitioned their property which fell to their share.
The following admissions in the crossexamination of P.W1 demolishes the case of the plaintiffs and on the other hand supports the case of the defendants:
i) As per th documents confronted to me (Ex.B6) pertaining to the year 1988 survey, the land in Survey No. 11 is facing towards Sagar Road.
ii) As per the document confronted to me (Ex.B7) pertaining to the year 1983 survey, the land in Survey No. 11 is facing towards road.
iii) The document Ex.B8 relates to 1995 survey of the land in
Survey No. 11 facing towards Sagar Road.
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The addition of the sentence by this witness that the said surveys are conducted in their absence do not hold good, because he categorically admits to the fact that surveys have been done.
The evidence of P.W1 that no building is facing towards Sagar Road in Survey Nos. 9 to 15 is false evidence and in the context of subsequent admissions in his crossexamination show that there are constructions made by them and the constructions are facing towards Sagar Road and he admits when Ex.B1 to B5 photographs shown to him which shows that constructions are being made towards Sagar Road. He further admits in his crossexamination that he and his brothers partitioned the properties and firstly, his father and his brother partitioned the ancestral property except the land in Survey No. 12 and he further states in his crossexamination that the plaintiff No.3 inherited the entire share of the property fell to his father after his demise and he states that he is not aware whether the property of Ram Reddy was partitioned among the family members including plaintiff No.3 and he states that he is not aware whether the property of the plaintiff No.4 was partitioned among the family members. So, this admission of P.W1 clearly shows that the property which fell to their share has been partitioned among themselves and though knowing that the property was partitioned among the plaintiff
Nos.3 and 4 and their family members, the plaintiff No. 2 is not deposing to the said aspect intentionally and the fact that the other plaintiffs did not enter into the witness box, nor supported their version, it is to be held that the averments made by the plaintiffs are not correct and they failed to appear before the the court in support of their case, particularly in the context of admissions in the crossexamination of P.W1.
In his crossexamination P.W1 admits as true the partition was affected by registering the said partition deeds in accordance with the oral 22 partition and the partition deeds were executed among them basing on 1990 agreement and also on oral adjustments and that they have not mentioned any reference in the registered partition deeds about 1990 agreement and oral adjustments and he further admits in his cross examination that the said registered partition deeds do not contain that kept some property including disputed property as joint family property and he also categorically admits in his crossexamination that they have not got mentioned anything in any partition deeds about excluding of land in Survey No.12 and agreed to partition the same at later stage. So, these admissions clearly go to show that in fact there was partition among the plaintiffs and defendants and that the plaintiffs in turn partitioned the properties among their respective family members and got registered documents (Ex.B6 to B11) and that the said documents are silent as to whether the land in Survey No. 12 still remains intact as joint family property to be partitioned later and if really there was no partition of land in Survey No.12 as claimed by the plaintiffs, certainly the said fact would have mentioned in the partition deed and the fact that the said fact do not find place int their partition deeds, would falsifies the case of the plaintiffs and on the other strengthen the case of the defendants that the land in
Survey No.12 was already partitioned.
P.W1 further admits in his crossexamination that the said registration of partition deeds were prior to the filing of the suit and he admits to the aspect that the building bearing No.991 and 992 belong to him and he is in possession of the same and the said building containing 1550 square yards fell to the share of plaintiff No.1 and it was leased out to More Super Market and the building vide door Nos. 991 and 992 are existing in Survey No.8 and then he says that it got mentioned in the registered partition deed that they are existing in Survey 23
Nos. 9 to 15 instead of Survey No. 8. This evidence of P.W1 that they wrongly mentioned in the partition deed that the said constructions were in Survey No. 9 to 15 in stead of Survey No.8 cannot be accepted and that
Ex.B9 partition deed contents speak for themselves and the contents in the document do not speak false and whereas P.W1 being human being is deposing false against the contents in his own documents and that the case of P.W1 that it has been mentioned mistakenly cannot be accepted and that Ex.B9 partition deed dated 29102005 which is between the plaintiff No.1 and plaintiff No.2 ie P.W1 as admitted by him, in which it is mentioned that the property which fell to the share of his father at the time of partition, which took place among his brothers and that the said property has been partitioned among his brothers and he also admits to the fact that the property under Ex.B9 and subject matter of the suit property belongs to Survey Nos. 9 to 15 and in the said document Survey
No. 12 is also included and he categorically admits that he has not taken all these pleadings in his plaint and he is also silent as to Ex.B9 and he also admits to the document Ex.B10 which is partition deed dated 1705 2014 which is a registered document which do not state that the subject matter of land ie, suit schedule property left to be partitioned and he admits to the fact that the properties of the subject matter of said documents are in Survey Nos. 9 to 15. P.W1 also admits to Ex.B11 partition deed dated 28032013 which is again a registered document and that the document does not show that the land in Survey No. 12 is joint family property and the said document shows that the lands which are partitioned are in Survey Nos. 9 to 15. Though P.W1 states that he is not aware whether the plaintiff No.5 and his wife entered into development agreement with Eternal Builders in respect of property existing in Survey
Nos. 9 to 15, but the fact that he states that he is not aware shows that there is an agreement entered into by plaintiff No.5 with Eternal Builders 24 in respect of land in Survey No. 15. These all admissions which are material admissions and as rightly contended by the learned counsel for the defendants, these admissions of P.W1 categorically demolishes the case of the plaintiffs and supports the case of the defendants and the admissions establish that in fact there was no joint family property retained in Survey No. 12 so as to partition among the plaintiffs and defendants and on the other hand, the documentary evidence as filed by the defendants which are admitted to be documents of plaintiffs themselves which are registered partition deeds would establish that in fact partition was made among the plaintiffs and defendants and that the plaintiffs in turn partitioned their property which fell to their share among themselves establish that there was partition of the property in Survey No.
12 also by metes and bounds and in fact the plaintiffs have raised construction in Survey No. 11 and part of Survey No. 12 to the extent of their share of 4675 square yards on Sagar Road and the admissions of
P.W1 categorically establishes that apart from the evidence of D.Ws1 and 2 that the defendants kept their land vacant which fell to their share to the extent of 4675 square yards in which the defendants 1 to 4 are having 1266 square yards and the defendants 5 to 15 are having 2956 square yards.
The defendants got their share in Survey No.12 and the father of the defendants 1 to 4 executing the gift settlement deeds ie, documents bearing Nos. 10393 of 2003 and 10394 of 2003 dated 29082003 and document bearing Nos.10543 of 2003 and 10544 of 2003 dated 3008 2003 cannot be said to be void documents and the father of the defendants 1 to 4 is well within his right to execute the said documents.
The documentary evidence as filed by the defendants in the form of permission obtained by them for conversion of agricultural land in to 25 commercial land and also obtaining permissions for raising construction over their respective share in Survey No. 12 and the permission obtained by defendant No.16 who entered into development agreement with the defendants (Ex.B21 to B24) certainly go to establish the case of the defendants and it clearly appears as per the contention of the counsel for the defendants that the plaintiffs taking advantage of the defendants keeping their land vacant and now developing the land, having eye in the said land to have some amounts from the defendants 1 to 15 and defendants No.16 filed this suit without any right over the suit land and the plaintiffs have miserably failed to establish their case that the suit schedule property is joint family property and they are in joint possession of the same and they are entitled for partition.
On the other hand, the defendants demolished the case of the plaintiffs that the suit schedule property is joint family property and on the other hand the defendants have established the properties have been already partitioned among the plaintiffs and defendants and in fact the plaintiffs have raised constructions in Survey No.11 and part of Survey No.
12. So in such context, this issue is answered against the plaintiffs and in favour of the defendants holding that the plaintiffs are not entitled for partition of the suit schedule property.
7.Issue No.2: Whether the suit is bad for non jonder of necessary parties?
In the context that the defendants 5 to 16 are made as parties, this issue looses relevancy and it is to be held that the suit is not bad for non joinder of necessary parties. Accordingly, this issue is answered.
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8.Issue No.3: To what relief?
In view of holding Issue No.1 in favour of the defendants and against the plaintiffs, the suit of the plaintiffs fails and the same is liable to be dismissed. Accordingly, the suit is dismissed. As rightly contended by the learned counsel for the defendants, defendants are entitled for exemplary costs besides costs of the suit, however, taking into consideration the relationship between the parties, this court is not inclined to grant exemplary costs. Accordingly, it is held defendants are not entitled for exemplary costs.
In the result, the suit is dismissed with costs.
Dictated to the Personal Assistant, transcribed by him corrected and
pronounced by me in open Court on this the 26 th day of October, 2016
IV ADDITIONAL DISTRICT JUDGE
RANGA REDDY DISTRICT
Appendix of Evidence
Witnesses Examined
On behalf of the Plaintiffs On behalf of Defendant P.W1: J. Surender ReddyD.W1: J. Ram Reddy D.W2: S. Rajashekar Reddy
Documents Marked
On behalf of the Plaintiffs:
Ex.A1 is cc of judgment in OS No. 273 of 1987 Ex.A2 is cc of memorandum of understanding dated 27061987 Ex.A3 is cc of map dated 19081993 Ex.A4 is pahani for the year 199697 Ex.A5 is cc of pahani for the year 199798 Ex.A6 is cc of gift settlement deed dated 18102004 Ex.A7 is cc of gift settlement deed dated 18102004 Ex.A8 is cc of sale deed 17082009 Ex.A9 is gift settlement deed dated 23062009 Ex.A10 is developmentcumGPA with possession dt. 10092008 Ex.A11 is letter dated 27121995 issued by MRO, Saroornagar Ex.A12 is letter dated 27121995 issued by MROSaroornagar Ex.A13 is letter dated 24032011 addressed to Commissioner, GHMC 27
Ex.A14 is cc of order in WP No. 11851 and 11921 of 1994 Ex.A15 photographs along with CD
On behalf of Defendant:
Ex.B1 to B5 are photographs Ex.B6 is copy of sketch of Sy No. 8 of Tummalakunta (V), Saroornagar(M) for the year 1988 Ex.B7 is copy of sketch of Sy No. 8 of Tummalakunta (V), Saroornagar(M) for the year 1993 Ex.B8 is copy of sketch of Sy No. 8 of Tummalakunta (V), Saroornagar(M) for the year Ex.B9 is cc of registered partition deed dated 29102005 Ex.B11 is cc of partition dated 17052014 Ex.B12 is cc of gift settlement deed dated 29082003 Ex.B13 is cc of gift settlement deed dated 29082013 Ex.B14 is cc of village map Ex.B15 is cc of lease deed dated 03032005 Ex.B16 is cc of gift settlement deed dated 30082003 Ex.B17 is cc of gift settlement deed dated 30082003 Ex.A18 is cc of application under RTI dated 04072013 Ex.B19 is Memo issued by Dy. Collector Ex.B20 is report of the advocate commissioner in OS No. 273 of 1987 Ex.B21 is gazette publication dated 03012013 Ex.B22 is letter dated 0222012 addressed by the Commissioner, GHMC to Principal Secretary, Government Ex.B23 is NOC granted by the collector dated 22112011 Ex.B24 is letter dated 08062011 along with check memo
IV ADDITIONAL DISTRICT JUDGE
RANGA REDDY DISTRICT
28
DECREE
IN THE COURT OF THE IV ADDITIONAL DISTRICT JUDGE
RANGA REDDY DISTRICT: AT LB NAGAR
Present: V. Niranjan Rao, B.Sc, (Hons), M.A., LL.M, PGDCL
IV Additional District Judge, Ranga Reddy District.
Wednesday, this the 26th day of October, 2016
OS No. 90 of 2011
Between:
1. J. Raghava Reddy S/o. Late Anji Reddy Aged about 53 Years, Occ: Business R/o. H. No. 9925/3, Reddy Colony Sagar Road, Champapet, RR District
2. J. Surender Reddy S/o. Late Anji Reddy Aged about 49 Years, Occ: Business R/o. H. No. 9925/3, Reddy Colony Sagar Road, Champapet, RR District
3. J. Vishnu Vardhan Reddy S/o. Late J. Ram Reddy Aged about 33 Years, Occ: Agriculture R/o. H. No. 9925/3, Reddy Colony Sagar Road, Champapet, RR District
4. J. Srisailam Reddy S/o. Late Yella Reddy Aged about 66 years, Occ: Retd Employee R/o. H. No. 8232, Vyshnavi Nagar Champapet, RR District
5. J. yadav Reddy S/o. Late Yella Reddy Aged about 62 Years, Occ: Agriculture R/o. H. No. 9916/9, Reddy Colony
Sagar Road, Champapet, RR District...Plaintiffs
And
1. J. Ram Reddy S/o. Late Yetta Reddy Aged about 60 Years, Occ: Business R/o. H. No. 99112, Opp: Maruthi Hospital Reddy Colony, Champapet, RR District
2. J. Janga Reddy S/o. Late Yetta Reddy Aged about 55 Years, Occ: Business R/o. H. No. 9196, Main Road, Reddy Colony Champapet, RR District
3. J. Veera Reddy S/o. Late Yetta Reddy Aged about 49 Years, Occ: Business R/o. H. No. 99116, Opp: Maruthi Hospital Reddy Colony, Champapet, RR District
4. J. Narsimha Reddy S/o. Late Yetta Reddy Aged about 44 Years, Occ: Business R/o. H. No. 99113, Reddy Colony Champapet, RR District 29
5. J. Rajanikanth Reddy S/o. J. Ram Reddy Aged about 32 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
6. J. Srikanth Reddy S/o. J. Ram Reddy Aged about 28 Years, Occ: Agricuture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
7. J. Laxmikanth Reddy S/o. J. Janga Reddy Aged about 31 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
8. J. Ravikanth Reddy S/o. J. Janga Reddy Aged about 29 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
9. J. Venees Reddy S/o. J. Veera Reddy Aged about 27 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
10. J. Vinay Reddy S/o. J. Veera Reddy Aged about 26 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
11. J. Avinash Reddy S/o. J. Narsimha Reddy Aged about 27 Years, Occ: Agriculture R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
12. S. Hemalatha W/o. Srikanth Reddy Aged about 37 Years, Occ: Housewife R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
13. S. Sreelatha W/o. Indrapal Reddy Aged about 35 Years, Occ: Housewife R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
14. M. Sneha W/o. Ravi Chandra Reddy Aged about 23 years, Occ: Housewife R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
15. Jitta Sreeja D/o. Narsimha Reddy Aged about 21 Years, Occ: Student R/o. H. No. 196, Champapet Village Saroornagar Mandal, RR District
16. M/s. Peddi Infrastructure Projects Pvt Ltd Rep by its Director Peddi Pratap Reddy S/o. P. Mohan Reddy, Aged about 30 Years Occ: Business, Flat No. 205 My Home Lakshmi Nivas Apartments
Ameerpet, Hyderabad...Defendants
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Claim:This is a suit filed by the plaintiffs against the defendants for partition and separate possession of the plaintiffs ½ share out of the suit schedule property.
Valuation:The suit schedule property is valued at Rs.3,59,37,000/ @ Rs.6,600/ per square yards in which the value of the plaintiffs comes to Rs.1,79,68,500/ and 3/4th of the same comes to Rs.1,34,76,375/ and as the plaintiffs and defendants are in joint possession paid a fixed court fee of Rs.200/ under Section 34(3) of APCF and SV Act.
Cause of Action:The cause of action for filing of the suit arose on 15022011 when the defendants have commenced the cleaning of the suit property and on 21022011 when the plaintiffs and defendants had meeting and agreed to get the land surveyed and on 2402 2011 when the defendants engaged JCB and dug a trench to lay the foundation for construction of compound wall and refused to get the land surveyed and when the plaintiffs came to know that J.Yetta Reddy executed four gift deeds in favour of D5 to D11 and in turn they entered into development agreementcumGPA with defendant No. 16 and on 31032011 when the plaintiffs obtained a certified copy of development agreement and came to know that the defendants 12 to 15 are also parties to the same.
Suit presented on :25022011
Suit filed on:01032011
This suit is coming before me for final hearing in the presence of Sri S.V.Ramana Rao, Counsel for the Plaintiffs and of Sri G. Sathya Veer Reddy, Counsel for Defendants and of suit against defendant No. 5 is dismissed; and upon perusal of the material papers on record and the case having been heard and stood over for consideration till this day, this court doth decrees as follows:
1. That the suit of the plaintiffs be and the same is hereby dismissed;
2. That the plaintiffs do pay to the defendants a sum of Rs.33,302/ towards costs of the suit.
Given under my hand and seal of this court on this the 26th day of October, 2016
IV Additional District Judge, Ranga Reddy District.
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Costs of the Suit
Plaintiffs Defendants
1. Stamp on plaint 200/
2. Stamp on Power 2/2/
3. Stamp on Exhibits
4. Pleader Fee/Sr. Fee. FC & MC Not filed 25,000/ Jr. Fee 8,300/
5. Commissioner Fee
6. Service of process
7. Preparation of process
8. Publication Charges
TOTAL : 202/ 33,302/
Given under my hand and seal of this court on this the 26th day of October, 2016
IV Additional District Judge, Ranga Reddy District.
Schedule of Property
All that of the land admeasuring Ac.105gts covered by Sy. no.
12 of Champapet Village, Saroornagar Mandal, RR District and bounded on:
North:Land in Sy. No.13 & 16
South:Sagar Road
East:Land in Sy. No. 8 & 11
West:Road & Land in Sy. No.16
IV Additional District Judge, Ranga Reddy District.
NOTE: “The parties should apply as soon as possible for the return of all exhibits which they may wish to preserve, as the record will be liable to be destroyed after three years from this date.”