Smt V.Sri Prathyusha
Ist Addl. Junior Civil Judge, Machilipatnam
Prl District Courts, Machilipatnam · Krishna · Andhra Pradesh
Based on 9 recent ordersSmt V.Sri Prathyusha, Ist Addl. Junior Civil Judge, Machilipatnam, is posted at Prl District Courts, Machilipatnam, Krishna, Andhra Pradesh, India. 9 court orders on record since 2020. 5 judgments with full text available. Primarily handles OS, CC cases.
Featured Judgments
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IN THE COURT OF THE I ADDL. JUNIOR CIVIL JUDGE: MACHILIPATNAM.
PRESENT: SMT.V.SRI PRATHYUSHA,
I ADDL. JUNIOR CIVIL JUDGE, MACHILIPATNAM.
Friday, the Eleventh (11 th ) day of December, 2020
ORIGINAL.SUIT.NO. 220 OF 2016
Between:
Boddu Venkateswaramma, W/o.Nancharaiah, aged about 55 years, properties, R/o.Ullingapalem, Machilipatnam, Bandar Mandal.
…Plaintiff And:
Machilipatnam Municipality, rep. by Commissioner, Machilipatnam, Bandar Mandal, Krishna District. …Defendant
This suit came before this Court on 14102020 for final hearing in the presence of Sri V.V.Varada Rajulu, Advocate for the plaintiff and of
Sri Anees Ahamed Raza, Advocate for the defendant and having stood over for consideration till this day, the Court delivered the following:
J U D G M E N T
This suit is filed for declaration to declare that the plaintiff is the absolute owner of the plaint schedule property and for recovery of possession of the suit schedule property after ejecting the defendant there from and put the plaintiff in vacant possession thereof and for costs of the suit.
02) IN A NUTSHELL, THE AVERMENTS OF THE PLAINT ARE AS
FOLLOWS :
The plaintiff has purchased the property by way of registered sale deed dated 07.05.1988 bearing Doc.No.1479/1988 from Moka
Chandramma, W/o.Ramaiah for Rs.14,000/ the following property covered by the said sale deed is 2
Old ward No.27 New Ward 30 present ward No.24
An extent of 464.4/9 Sq. yards = 387.964 sq. meters of vacant site situated in Ullingapalem, Mustakhanpet, Machilipatnam Municipal limits and bounded by
East: Road 55 feet
South: Site of Lanke Basavaiah – 67 feet
West: Site of Moka Ramaiah – 55 feet
North: Municipal site and lavatory therein 76 feet within these boundaries an extent of 464.4/9 square yards
The vendor of the aforesaid site delivered possession of the aforesaid property to the plaintiff under the registered sale deed dated 07.05.1988 referred to supra. Thus, the plaintiff has purchased the aforesaid property and she has been in possession and enjoyment of the same as absolute owner thereof which is a vacant site. The original registered sale deed
dated 07.05.1988 bearing Doc.No.1479/1988, the original is deposited in
Machilipatnam cooperative Urband Bank, Machilipatnam and the plaintiff raised the loan and therefore, the plaintiff has been filing the registration extract of the said sale deed. The original will be produced after discharging the loan. The plaintiff has also been paying the vacant land tax in respect of the property she purchased under the registered sale deed
dated 07.05.1988 and the vacant land tax provisional receipts dated
10.09.2015 issued by Machilipatnam municipality is filed herewith a
Doc.No.2 for the period from 2010 to 2015 bearing Asst.No.107000962
Rs.3,100/. The plaintiff also paid vacant land tax of Rs.310/ to
Municipality under receipt dated 16.09.2015 issued by Municipality under receipt dated 16.09.2015 issued by Municipality is filed herewith as
Doc.No.3. It is respectfully submitted and brought to the notice of the defendant municipality also that no measurement of the property purchased by the plaintiff under the aforesaid registered sale deed, the property of the plaintiff was very much reduced to an extent of 380.22 sq.
3 yards and the remaining extent of 84 square yards is found to be under occupation of the municipality where the municipality formed the road, drain on the northern side of the property purchased by the plaintiff. The plaintiff purchased the property of 464.4/9 sq. yards. The encroachment by the defendant is about 84 sq. yards. The balance extent of 380.22 square yards is in the possession and enjoyment of the plaintiff. The boundaries and linear measurements for the site that remained under the possession and enjoyment of the plaintiff to an extent of 380.22 square yards and the boundaries are as follows:
East: Municipal CC road – 39 feet
South: House and compound wall of Lanke Badsavaiah – 76 feet
West: Site of Moka Ramaiah present CC road municipality – 51 feet
North: Site encroached by Municipality – defendant wherein the municipality laid CC road and drain – 76 feet within these boundaries an extent of 380.22 sq. yards of site is remained under the possession and enjoyment of plaintiff, the deficit is 84 square yards.
The deficit extent of 84 square yards that is encroached by defendant municipality and the municipality laid CC road as well as drain on the northern side of the property of the plaintiff and the boundaries and linear measurements of the site of 84 square yards occupied by the defendant municipality are as follows:
East: Municipal CC road – 16 feet
South: 76 feet the remaining site of the plaintiff
West: 4 feet – site of Mokaiah present CC road
North: 76 feet – existing municipal CC road within these boundaries an extent of 84 sq. yards is the site encroached by the defendant municipality.
In this blue print plan, the remaining site of the plaintiff is shown in yellow colour and the site under the occupation of the defendant where 4 the defendant formed the CC and drain is shown as Saffron colour in a triangle bit on the northern side. This plan may be read as part and parcel of this plaint. The plaintiff put up an application before the defendant municipality on 30.11.2015 requesting the municipality to measure the property of the plaintiff with reference to the document. The defendant municipality through its town surveyor inspected the property of the plaintiff and measured the same with reference to FMB and RSR and gave a report dated 09.12.2015 in Roc.No.1310/9/15/G1 dated 09.12.2015 and marked a copy of the same to the plaintiff duly signed by the
Commissioner, Machilipatnam Municipality. This endorsement is filed along with the plaint as Doc.No.5. This endorsement also discloses the fact that the property under the enjoyment of the plaintiff as per this endorsement with boundaries and linear measurements as follows
East: Municipal road – 39 feet
South: Compound wall of Lanke Basavaiah – 76 feet
West: 51 feet
North: 76 feet and within these boundaries, the site on the field found after survey is 380.22 sq. yards and this endorsement also further establishes the fact that the site that remained in possession and enjoyment of the plaintiff is only 380.22 sq. yards whereas the deficit extent of 84 sq. yards which is shown in the pliant schedule and herein after referred to as the plaint schedule property for brevity has been under the occupation of the defendant where the defendant formed CC road and a drain. The plaint schedule property is in an extent of 84 square yards is the absolute property of the plaintiff and it is the part and parcel of the property purchased by the plaintiff under the aforesaid registered sale deed. The defendant has no semblance of right over the plaint schedule property.
However, the defendant municipality formed the CC road and also the drain on the northern side and during the course of forming the CC road 5 and drain which abuts the remaining property of the plaintiff, the defendant municipality illegally occupied plaint schedule property and therefore, the plaintiff after receipt of the endorsement dated 09.12.2015, the plaintiff got issued a registered notice to the defendant dated 10.02.2016 demanding the defendant municipality to vacate the plaint schedule property and deliver possession of the plaint schedule property to the plaintiff, failing which, the plaintiff would be constrained to take appropriate action. The municipality received the said notice, but did not choose to give any reply. The defendant did not deliver possession of the plaint schedule property and the defendant being the statutory authority did not even choose to give a reply having occupied the plaint schedule property illegally. Hence the suit.
03)The defendant filed his written statement denying the plaint allegations and contended that the specific allegations made in the plaint by the plaintiff that an extent of 84 sq. yards is found to be under the occupation of the defendant municipality where the municipality formed the road and drain on the northern side of the property purchased by the plaintiff and the deficit extent of 84 sq. yards is encroached by the defendant Municipality and the municipality laid CC road as well as drain on the northern side of the property of the plaintiff etc., are not true and correct and they are hereby denied. The alleged CC road and drain were formed by the municipality 20 years ago with the knowledge of the plaintiff only in the municipality road site but not in the plaintiff site. The plaintiff did not raise any objection while at the time of formation of the said road and drain. The Machilipatnam municipality did not encroach any site of the plaintiff and the said road and drain were formed only in the road site of the Machilipatnam municipality and the road and drain are being utilized by the public of Ullingapalem and nearby residents of the locality and the road and drain were formed in the larger interest of 6 the public in the vicinity by incurring lakhs of public funds. The plaintiff kept quite at the time of forming of the said CC road and drain by the
Machilipatnam Municipality and he did not raise any kind of objection for such formation of road and drain and even after lapse of long time of nearly 20 years. The Machilipatnam municipality is in possession and enjoyment of the said road for the last 20 years from the date of formation of the road and drain and the plaintiff here in has no manner of right or title over the suit scheduled property. The plaintiff is no way concerned to the road site and it absolutely belongs to Machilipatnam municipality and the plaintiff is not entitled to claim possession and enjoyment of the alleged 84 sq. yards. The boundaries shown in the plaint by the plaintiff are neither true and correct. There is an old gravel road in existence since 40 years and there is a municipal site in the northern side specified for lavatories belongs to Machilipatnam Municipality. The defendant
Machilipatnam municipality removed the old open Kattcha Lavatories 20 years back and formed the C.C.Road 20 years ago. Neither the plaintiff nor any body has raised any kind of objection for the alleged formation of
C.C. road. Public at large of the locality have been utilizing the said road for the last 20 years as their path way to reach their respective houses for their ingress and egress purpose. As per the registered sale deed of the plaintiff filed in this regard dt.07.05.1988, it clearly shows that in the eastern side there is a road, northern side there is a municipal site in
R.S.No.241, there is an extent of Ac.1.96 cents site. But it was not made
Sub Division in the said R.S. the same thing discloses in the field measurements book. The plaintiff must measure the entire Ac.1.96 cents site and to decide the alleged 84 sq. yards site where they were merged to whom site. The plaintiff also has to measure the sites of eastern and western owners of the sites. Without measuring the eastern and western sites of the plaint schedule property, it will not disclose that the plaint scheduled property of 84 sq. yards merged with whom site. The plaintiff 7 got prepared rough plan by Sri V.S.Goapala Rao, Siva Sai planners and the plan itself is absolutely defective and it is not correct. It was prepared without measuring the entire R.S.No.241 site to an extent of Ac.1.96 cents and it is not possible to identify that who encroached the plaintiff's site without measuring the entire site. The said private surveyor without following the survey rules and regulations and without perusing field measure book, of survey records, prepared the said rough sketch which is most erroneous and baseless. The said sketch is not correct. The
Machilipatnam Municipality formed the said C.C. road 20 years ago and the said road is in existence for the last 20 years and it is being used and utilized by the public at large in the locality. There is no cause of action for the suit arose and the only alleged in the plaint is not true and correct and it was created and invented purposefully for fling of this suit. As such, the suit is liable to be dismissed with costs.
04) On the strength of the above pleadings, the following issues were settled for trial:
1. Whether the plaintiff is entitled for declaration that she is
the absolute owner of the plaint schedule property and for
recovery of possession after ejecting the defendant ?
2. To what relief ?
05) During the course of trial, the plaintiff examined herself as P.W.1.
In addition to that P.W.1 exhibited Exs.A1 to A9. The plaintiff examined one Peetha Lakshmi Pathi Rao as P.W.2, one Boddu Satyam Narayana as
P.W.3, G.Srinivas (Advocate Commissioner) as P.W.4, one Jujjavarapu
Yesurao as P.W.5 and one Moka Satyanarayana Varma as P.W.6. On behalf of the defendant, the defendant examined himself as D.W.1. No documents were marked on behalf of the defendant.
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06)Heard both the sides arguments through bluejeans App as per
Hon’ble High Court of AP circular in ROC.192/SO/2020.
07) ISSUE NO.1:
i) The learned counsel for the plaintiff has contended that the plaintiff has purchased the property to an extent of 464.4/9 sq. yards on 07.05.1988 from Mokka Chandramma and from that date she has been in possession and enjoyment of the same as absolute owner and the said properties are vacant site and the plaintiff is also paying vacant land tax to municipality. To prove the same, PW1 exhibited Exs.A1 to A3, A8 and A9.
He has further contended that on measurement of the property purchased by the plaintiff under the aforesaid registered sale deed, the property of the plaintiff was very much reduced to an extent of 380.22 sq. yards and remaining extent of 84 sq. yards is found to be under occupation of the municipality where the municipality formed the CC road as well as drain on the northern side of the property and the same clearly shows that the defendant has encroached the said 84 sq. yards. He has further contended that the site was measured by qualified surveyor and the measurements and the boundaries are depicted in the plan filed by the plaintiff and in the said blue print plan, the remaining site of the plaintiff is shown in yellow colour and the site under the occupation of the defendant where the defendant formed the CC road and drain is shown as saffron colour in a triangle bit on the northern side. To prove the same, PW1 exhibited
Ex.A4. He has further contended that the municipality has given an endorsement with regard to inspecting and measuring the property of the plaintiff by town surveyor and also gave the report to that effect. To prove the same, PW1 exhibited Ex.A5. He has further contended that the plaintiff got issued legal notice to the defendant with regard to 9 encroachment. To prove the same, PW1 exhibited Exs.A6 and A7. He has further contended that an Advocate Commissioner was also appointed in this suit and he has filed report and sketch and he was also examined as
PW4. Exs.A1 to A3, A8 and A9 clearly shows that the petitioner is having right and title over an extent of 464 sq. yards. Exs.A4, A5 and report filed by the commissioner, sketch and surveyor sketch clearly shows that the defendant has encroached the suit schedule property and laid CC road and drain. To prove the contentions of the plaintiff, the plaintiff has examined
PW2 to PW6. The above said exhibits and witnesses clearly establishes the case of the plaintiff. Hence, the plaintiff is praying this court to decree the suit in her favor.
ii) On the other hand, the learned counsel for the defendant has contended that the plaintiff kept quiet at the time of forming CC road and drain by the defendant and she did not raise any kind of objection even after lapse of nearly 20 years. He has further contended that the defendant is in possession and enjoyment of the said road for the last 20 years from the date of formation of the road and drain and the plaintiff has no manner of right or title over the suit schedule property. He has further contended that the suit schedule property absolutely belongs to the Machilipatnam Municipality and the boundaries shown in the plaint schedule by the plaintiff are not true and correct. He has further contended that there is an old gravel road is in existence since 40 years and there is municipal site in the northern side specified for lavatories belongs to the defendant and the defendant removed the old open katcha lavatories 20 years back and formed the CC road at that time. Neither the plaintiff nor anybody has raised any kind of objection for the said formation of the CC road and the public at large of the locality have been utilizing the said road for last 20 years. He has further contended that as per the registered sale deed of the plaintiff, it clearly shows that in the 10 eastern side there is a road, northern side there is municipal site in
R.S.No.241, there is an extent of Ac.1.96 cents site and the same was not made subdevision in the said R.S and the same thing discloses in the field measurement book, so the plaintiff must measure the entire Ac.1.96 cents site and to decide the alleged 84 sq. yards site where they were merged to whom site and the plaintiff has to measure the site of eastern and western owner of the sites. He has further contended that the plan prepared by the plaintiff is absolutely defective and not correct and it was prepared without measuring the entire R.S.No.241 site to an extent of Ac.1.96 cents and it is not possible to identify that who encroached the plaintiff’s site without measuring the entire site. The said surveyor who prepared Ex.A4 has not followed any survey rules and regulations. Hence, there is no cause action for the plaintiff to file the suit. Hence, there are no merits in the suit and the suit is liable to be dismissed.
iii) This issue casts legal burden on the plaintiff to prove that she is entitled for declaring her right and title over the suit schedule property and for recovery of possession of the suit schedule property. To prove the same, the plaintiff examined herself as PW1 and she filed her affidavit in lieu of her examination in chief wherein she reiterated the plaint pleadings and chief affidavit of PW1 is nothing but the replica of the plaint. In addition to that, PW1 exhibited Exs.A1 to A9. On perusal of
Ex.A1, it is seen that the mother of the plaintiff has given the property to an extent of 464.4/9 square yards in R.S.No. 241 without consideration to the plaintiff in the year 1988. On perusal of Ex.A2, it is seen that the plaintiff has paid tax to the municipality in the year 2015. On perusal of
Ex.A3, it is seen that the plaintiff has paid tax to the municipality for vacant land on 16.09.2015 pertaining to the year 2015 dated 01.04.2015 to 30.09.2015. On perusal of Ex.A4, it is seen that it appears that it is the site plan obtained by the plaintiff and it shows that 84.22 sq. yards is 11 occupied in road and 380.22 sq. yards is owners position site. On perusal of Ex.A5, it is seen that the municipality has given endorsement that the plaintiff is in possession to an extent of 382.88 square yards. On perusal of
Ex.A6, it is seen that the plaintiff has got issued legal notice to
Municipality Machilipatnam with regard to encroachment of 84 sq. yards by them. On perusal of Ex.A7, it is nothing but acknowledgement received by the defendant. On perusal of Ex.A8, it is seen that the plaintiff has paid tax pertaining to vacant land for a period from 01.10.2015 to 31.03.2017.
On perusal of Ex.A9, it is seen that the plaintiff has paid tax pertaining to vacant land for a period from 01.04.2017 to 31.03.2018. During the cross examination of PW1, PW1 deposed that since the defendants have laid a road in her site as such she filed the present suit and the schedule property was gifted to her by her mother about 30 years ago and it is a vacant site. As per the said evidence, it clearly shows that the plaintiff has got the property by way of gift but not by way of sale as pleaded by the plaintiff in her plaint. She further deposed that she can furnish the boundaries to the schedule property; East – Municipal road, Northroad laid by the defendants but she doesn’t know when the said road was laid.
She further deposed that at present, it is cement road and she does not know when the cement road was laid. On perusal of the plaint pleadings, it shows that there is no whisper with regard to when the municipality has laid cement road as alleged by the plaintiff and moreover the plaintiff has deposed that she doesn’t know when the municipality has laid the said road in the suit schedule property. She further deposed that abutting to their site on the northern side, there are toilets belonging to
Machilipatnam Municipality. She further testified that the total extent of plaint schedule property is 464 sq. yards and according to her the defendant has encroached an extent of 100 sq. yards. She further deposed that she doesn’t know whether it is 84 sq. yards as stated by her in her pleadings and she doesn’t know the R.S. number of the plaint schedule 12 property and the total extent of the said R.S. number. The said evidence clearly shows that PW1 doesn’t know to which extent the municipality has laid road in her property. When she doesn’t know about the extent of property which was encroached by the defendant in her property as alleged by the plaintiff in the plaint, then how the plaintiff has filed this suit for an extent of 84 square yards in R.S.No.241. Hence the same makes this court to disbelieve the evidence of PW1. PW1 denied the suggestion that about 20 years ago a CC road was laid on the northern side of the plaint schedule property and 40 years prior to laying of CC road there was a kacha road. She further deposed that she did not get issue any legal notice to the defendant stating that they have encroached her land or she did not file any application before the defendant municipality stating that they have encroached her land. She further deposed that her mother has executed a gift deed in her favour in respect of the plaint schedule property about 30 years ago but she cannot say the date. When the mother of the plaintiff has executed gift deed in favor of the plaintiff, then how the plaintiff has stated in her plaint pleadings that she has purchased the suit schedule property from Moka Chandramma.
Hence it is crystal clear that the pleadings of the plaintiff in the plaint and evidence of PW1 during cross examination is completely contradicts. She further testified that in Ex.A1 there is no recital as to how her mother has acquired the plaint schedule property. She further deposed that the plaint schedule property is covered by municipal roads on three sides. She further deposed that she did not file any link document relating to Ex.A1 sale deed. PW1 further denied the suggestion that she has encroached the land of the defendants relating to its road on all three sides and that she is not owning the land covered under Ex.A1. PW1 further denied the suggestion that by encroaching the land of the defendants she falsely filed this suit against the defendants. She further deposed that there is no document to show that the defendant has encroached her site. Mere 13 stating in the plaint without documentary proof doesn’t make this court to believe the evidence of the plaintiff. The evidence of PW1 during cross examination completely contradicts with the contents of her chief affidavit.
iv) To further discharge the plaintiff’s initial burden, the plaintiff examined Lakshmipathi Rao as PW2. PW2 in his chief affidavit stated that he is permanent resident Ullingapalem, Machilipatnam and he owns a house there. He further stated that he know Venkateswaramma and her husband and they own vacant site and this vacant site is situated very nearer to his house and the said vacant site is visible from his house. The other chief examination of PW2 is nothing but a replica of the plaint.
During the cross examination of PW2, PW2 deposed that he is working as coolie and he is resident of Ullingipalem of Machilipatnam. He further deposed that he did not produce any documents to show that he is resident of Ullingipalem. PW2 denied the suggestion that he is not resident of Ullingipalem. He further deposed that the plaintiff filed a suit against the defendant by contending that her site was encroached by the defendant and on three sides of the site of plaintiff, it is covered with road. He further deposed that he cannot say which direction of said site houses are situated and he cannot say exactly the total extent of plaint schedule property but it is more than 400 sq. yards. He further deposed that he came to know that plaint schedule property belongs to the mother of the plaintiff but he doesn’t know how the mother of the plaintiff got plaint schedule property. He further deposed that he cannot say the boundaries of the plaint schedule property though it is mentioned in his chief examination affidavit and he did not visit the Machilipatnam
Municipality when the plaintiff made an objection for laying of the road.
He further deposed that he came to know through plaintiff that the defendant encroached an extent of 80 sq. yards and he doesn’t know in 14 which direction of the plaint schedule property the alleged encroachment was made and he doesn’t know whether the plaintiff has filed any petition for injunction against the defendant at the time of laying at the road. He further deposed that he cannot say which direction the Municipal Toilets are situated. PW2 further denied the suggestion that the cement road was laid in the year 1998 and prior to them there was katcha road. He further deposed that at a request of the plaintiff, he came to the court to give evidence. He further deposed that it is true except his oral saying there is no proof to show that road was laid three years ago. PW2 further denied the suggestion that he is deposing falsehood to help the plaintiff. On perusal of entire cross examination of PW2, it is seen that PW2 doesn’t know the case of the plaintiff and about the suit schedule property and it further shows that the PW2 is the planted witness as he doesn’t know anything about the dispute between the parties. Hence the evidence of
PW2 is no way helpful in establishing the case of the plaintiff.
v) To further discharge the initial burden by the plaintiff, the plaintiff examined one Boddu Satyam Narayana as PW3. PW3 in his chief affidavit stated that he is permanent resident of Ullingapalem, Machilipatnam and he know Boddu Venkateswaramma and her husband and her husband is his junior paternal uncle. He further stated that the house of
Venkateswaramma is situated about 2 to 3 furlongs to his house and he know Venkateswaramma has got vacant site in Ullingapelm,
Machilipatnam. The other contents mentioned in his chief affidavit are nothing but replica of the plaint. During the cross examination of PW3,
PW3 deposed that the plaintiff is his junior paternal aunt and the distance between his house and plaint schedule property is 20 or 30 meters. He further deposed that he know the plaint schedule property for the last 30 years and it is a vacant site since then and the plaint schedule property is having municipal road on its three sides except the southern side. He 15 further deposed that he doesn’t know when the RCC road was laid on the northern side of the plaint schedule property. PW3 denied the suggestion that the RCC road was laid about 20 years ago on the northern side of the plaint schedule property. He further deposed that he doesn’t know whether the plaintiff and some of his relatives have made objection for laying of the road on the northern side of the plaint schedule property. On perusal of entire cross examination of PW3, it is seen that PW3 doesn’t know the case of the plaintiff and about the suit schedule property and it further shows that the PW3 is the planted witness as he doesn’t know anything about the dispute between the parties. Hence the evidence of
PW3 is no way helpful in establishing the case of the plaintiff.
vi) To further discharge her initial burden, the plaintiff examined
G.Srinivas (Advocate Commissioner) as PW4. During the chief examination of PW4, PW4 stated that he is practicing as an advocate for the last 18 years. He further stated that as per the orders in I.A.787/2018, he was appointed as an Advocate Commissioner to measure the property as per the registered sale deed dated 07.05.1988 with the help of
Municipal Surveyor, Machilipantam. Accordingly, he along with the municipal surveyor visited the property on 03.11.2018 and prepared report. The surveyor has also prepared plan and gave it to him. He further stated that the surveyor has submitted blue print along with plan reduced to scale, two in number and he enclosed those two plans along with his report. He further stated that as per Ex.C3 the yellow colour is existing road, the red colour marked is the property of Boddu
Venkateswaramma(plaintiff), where municipality laid the road. He further stated that at the time of execution of the warrant, the counsels of plaintiff and defendant along with Municipal Surveyor were present. PW4 exhibited Exs.C1 to C3. On perusal of Ex.C1, it is nothing but commissioner warrant given by this court to the Advocate Commissioner.
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On perusal of Ex.C2, it is seen that the Advocate Commissioner has filed his report. On perusal of Ex.C3, it is nothing but blue print along with plan given by Surveyor. The Advocate commissioner in his report i.e.,
Ex.C2 has stated that the measurements taken by the surveyor on the field are as follows:
East: 39 feet
West: 51 feet
North: 76 feet
South: 76 feet
The surveyor also took the measurements of the municipal road, which is running on the northern side of the petitioner’s property and he requested the surveyor to measure the municipal road separately. The measurements of the road are as follows;
East: 16 feet
West: 4 feet
North: 76 feet
South:76 feet
He further stated that after perusing the sale deed of the petitioner and the lineal measurements mentioned in the sale deed and the measurements of the plaint schedule property on the field taken by the surveyor, there is a shortage of extent in the site of the petitioner. In the plan filed along with the report, the municipal road is numbered as 1, shown in yellow colour. The municipal road that was formed and found running on the northern site of the plaintiff is numbered as 2, shown in red colour. The measurements of road shown in red colour in the plan prepared by the municipal surveyor are as follows:
East: 16 feet
West: 4 feet
North: 76 feet
South: 76 feet 17
Therefore there is a shortage of 16 feet on the eastern side and 4 feet on the western side. There is no change in the measurements of North and
South directions. The measurements of the sale deed and also on the field are the same i.e., the north and south is one and the same. However the shortage in the extent is only on the eastern and western side and the shortage and extent of measurements is 16 feet on eastern side and 4 feet on western side. The shortage of site in the total extent of the plaint schedule property of the petitioner is, at present a road is running on the northern side which is shown in red colour in plan showed by the surveyor. On the field, it is found that the red colour portion is also found to be a part of the existing road on the northern side. Therefore the road on the northern side is shown in tow different colours i.e., red and yellow.
The measurements that were taken with the help of the municipal surveyor on the field for the site of the petitioner as well as the measurements of the site which forms part of the municipal road on the northern side are shown in the plan and these measurements are tallying with the measurements mentioned in the municipal endorsement dt.09.12.2015. During the cross examination of PW4, PW4 deposed that the plaint schedule property is covered with road on its three sides i.e.,
West, North and East and the defendant counsel submitted work memo during the course of execution of warrant. He further deposed that he did not find any survey stone during the course of execution of warrant. PW4 denied the suggestion that he executed the warrant without fixing the boundary stone. He volunteers that he has fixed the boundaries but not from the survey stone. He further deposed that he has executed the warrant as per the direction of the court and as per the sale deed dated 07.05.1988 (Ex.A1) furnished by the plaintiff. PW4 further denied the suggestion that he has not taken into consideration the work memo furnished by the defendants counsel. On perusal of entire cross examination of PW4, it is seen that nothing worth material is culled out 18 on behalf of the defendant.
vii) To further discharge an initial burden by the plaintiff, the plaintiff examined one Jujjavarapu Yesurao as PW5. PW5 in his chief affidavit stated that he is permanent resident of Malakhapatnam,
Machilipatnam and he is ration shop dealer in Circlepet, Machilipatnam.
He further stated that he know Boddu Venkateswaramma and her husband and they have got vacant site situated in Ullingapalem which is at a distance of ½ k.m from his house. The plaintiff is residing with her husband in a house nearer to her vacant site and they used to go to the house of plaintiff’s husband as they both are the ration shop dealers. The other contents mentioned in the chief affidavit of PW5 is nothing but the replica of the plaint. During the cross examination of PW5, PW5 deposed that he is a ration shop dealer for ward No.28 and he is resident of 28th ward which is the Circlepeta. He further deposed that he know the husband of the defendant by name Nancharayya who is also a ration shop dealer and he is family friend of the plaintiff. PW5 denied the suggestion that due to his friendship with the husband of the plaintiff, he came to the court to give evidence. He further deposed that the plaintiff is resident of Ullingapalem of 28th ward and the plaint schedule property is a vacant site in an extent of about 460 sq. yards. He further testified that about 3 years ago when the municipal surveyor surveyed the property he was present at the schedule property. PW5 further denied the suggestion that the plaint schedule property is covered with municipal road on its three sides. He further deposed that according to him, the municipal road is on
East and West of the schedule property and one Lanke Basavayya is southern side boundary owner of the schedule property. He further deposed that at present the municipality has laid road on the northern side of the schedule property and he know the plaintiff’s family for the last 30 years. He further deposed that prior to the laying of the road on the 19 northern side of the schedule property, there used to be residential houses. PW5 further denied the suggestion that he doesn't know anything about the suit facts and he is deposing falsehood to help the plaintiff. On perusal of entire cross examination of PW5, it is seen that PW5 doesn’t know the case of the plaintiff and about the suit schedule property and its boundaries. Hence the evidence of PW5 is no way helpful in establishing the case of the plaintiff.
viii) To further discharge an initial burden by the plaintiff, the plaintiff examined one Moka Satyanarayana Varma as PW6. PW6 in his chief affidavit stated that he is permanent resident of Machilipatnam and
Boddu Venkateswaramma is his elder sister. Out of love and affection, his parents have gifted an extent of 464.4/9 sq. yards of vacant site towards pasupukumkuma and he was present at the time of execution and registration of the said document and he signed on the said registered gift deed as first attestor and the 2nd attestor is his younger brother and the said document was scribed by one V.Nameswara Rao. After execution of gift deed, his parents have also delivered the possession of the said vacant site to his sister and she was inducted in vacant possession of the said property and she is enjoying the same. During the cross examination of
PW6, PW6 deposed that the plaintiff is his elder sister and his mother gifted an extent of 464 sq. yards to the plaintiff, in the year 1988 and the said site is still vacant. He further deposed that he can identify the said site. He further deposed that on three sides of the said site, there is the municipal road. He added that on the eastern side there is a old road and on Western and Northern side the road was laid recently. PW6 denied the suggestion that on the northern side prior to the laying of the CC road there was a kacha road. He further deposed that on the southern side of the said site, there are residential houses and according to him the defendant encroached on the northern side of the site. PW6 further denied 20 the suggestion that about 30 years ago there was a kacha road northern side of the site and about 20 years ago the defendant laid CC road and since plaintiff is his elder sister, therefore, he is deposing falsehood to help her. On perusal of entire cross examination of PW6, it is seen that there is no where mentioned in the contents of chief affidavit of PW6 that how his parents have acquired the suit schedule property originally. Hence, it creates suspicion with regard to conferring of title to the vendor of the plaintiff.
ix) The main defence of the defendant is that “ the plaintiff is no way connected to the suit schedule property and she has no right and title over the same and the suit schedule property belongs to the defendant”. To prove the same, the defendant examined himself as DW1 and his chief affidavit is nothing but the replica of his written statement. During the cross examination of DW1, DW1 deposed that he has accompanied the
Advocate Commissioner for measuring the property of the plaintiff. He further testified that as per the documents the plaintiff owns an extent of 464.49 sq. yards. He further deposed that at the time of taking measurements it was found that the plaintiff is in possession of an extent of 380.22 sq. yards and an extent of 84.40 sq. yards is went into road. He further deposed that the road was formed in an extent of 84.40 sq. yards out of 464.44 sq. yards of the plaintiff. He further deposed that he doesn’t know when the said road was formed. He further deposed that that the plaintiff has applied for survey of her property in the year 2015 and the municipal surveyor visited the property of the plaintiff and found that the municipality has formed a road in an extant of 84.40 sq. yards of the plaintiff’s site. DW1 denied the suggestion that the contents of his chief affidavit are false.
x) The learned counsel for the plaintiff relied on citations in 21
a) 2020 0 Supreme(SC) 18 – The Hon’ble Supreme Court has held
that “Adverse possession State cannot be permitted to perfect its
title over the land by invoking the doctrine of adverse possession to
grab the property of its own citizens. Administration of justice Delay
and laches – Extinguishment of right to a claim – Cannot be raised in
a case of a continuing cause of action, or if the circumstances shock
the judicial conscience of the Court – Condonation of delay is a
matter of judicial discretion – There is no period of limitation
prescribed for the courts to exercise their constitutional jurisdiction
to do substantial justice. Constitution of India – Article 136 and 142 –
Appellant divested of her right to property without being paid any
compensation whatsoever for over half a century – without legal
sanction or following due process of law – continuing cause of action
– State directed to pay compensation to the appellant. Perused the said citation andit is seen that the said citation is not aptly applicable to the suit on hand.
b) The Hon’ble Supreme Court in 2020 0 Supreme(SC) 209 cited
that “there is no plea even of adverse possession by respondent – No
notification has been shown to court of intent to acquire land under
Section 4, or any other declaration thereafter – Respondents have
failed to establish that they had acquired land in accordance wit law
and paid due compensation – Appellant would be entitled to
possession of land as also damages for illegal use and occupation of
same by respondents – Mesne profits would be determined by a court
Commissioner, to be appointed by trial court, as a relief in that behalf
has been sought in plaint itself. We may note that even though tights
in land are no more a fundamental right, still it remains a
constitutional right under Article 300A of the Constitution of India,
22
and the provisions of any Act seeking to divest any person from the
rights in property have to be strictly followed. The state cannot
dispossess a citizen of his property except in accordance with the
procedure established by law. The obligation to pay compensation,
though not expressly included in Article 300A, can be inferred in that
Article ( K T Plantation Pvt. Ltd. v. State of Karnataka (2011) 9 SCC1).
To forcibly dispossess a person of his private property, without
following due process of law, would be violative of a human right, as
also the constitutional right under Article 300 A of the Constitution.
The contention advanced by the State of delay and laches of the
Appellant in moving the Court is also liable to be rejected. Delay and
laches cannot be raised in a case of a continuing cause of action, or if
the circumstances shock the judicial conscience of the Court.
Condonation of delay is a matter of judicial discretion, which must be
exercised judiciously and reasonably in the facts and circumstances of
a case. Perused the said citation and it is seen that the said citation is not aptly applicable to the suit on hand.
c) The Hon’ble Supreme Court in 2015 0 Supreme (SC) 914 cited
that “Municipal council not a public officer – No notice u/s 80 CPC
necessary – Further section 284(1) of Karnataka Act not attracted to
the suit in question. Municipality on the other hand not producing
any document – Further, as the municipality denied title to the
deceased respondent No.1 and his ancestors over the suit property, it
could not claim adverse possession – Decree passed by Civil court and
judgment in second appeal not perverse – No interference called for.
Perused the said citation and it is seen that the said citation is not aptly applicable to the suit on hand.
23 xi) On perusal of entire evidence adduced by both the parties, it is seen that first of all, it is an initial burden on the plaintiff to establish and prove her case and the plaintiff should not depend on the weakness of the case of the defendant. Coming to Exs.A1 to A9 marked on behalf of the plaintiff, as per the pleadings of the plaintiff, the plaintiff stated that
Ex.A1 is a registered sale deed which she has purchased from Moka
Chandramma. But coming to the evidence of PW1, PW1 during her cross examination deposed that her mother has executed gift deed in her favour. Coming to recitals of Ex.A1, the recitals clearly shows that there was no consideration transferred between the plaintiff and Moka
Chnadramma but in the plaint, the plaintiff has pleaded that she has purchased the property from Moka Chandramma for an amount of
Rs.14,000/. Hence the said recital of Ex.A1 clearly shows that it is not a sale deed but a gift deed. Moreover in the recitals of Ex.A1, there is no mentioning as to how the mother of the plaintiff has acquired the property mentioned in Ex.A1 and there is also no link or parent document to prove that the plaintiff mother who executed Ex.A1 has acquired the property in
R.S.No.241 to an extent of 464.4/9 square yards. Without the link or parent document, it cannot be believed that the vendor of the plaintiff has conferred with right, title and possession over the suit schedule property originally. Mere producing of Ex.A1 document is not suffice to believe the contentions of the plaintiff. Coming to Exs.A2, A3, A8 and A9, it appears that the said tax was paid by the plaintiff in the year 2015 and there is no property details as to which property the plaintiff has paid the tax. Hence the said documents cannot be taken into consideration that it is pertaining to the suit schedule property. Moreover the Exs.A2,A3, A8 and A9 shows that the plaintiff has paid tax related to the year 2015 to 2018. What prevented the plaintiff to pay tax prior to 2015 as the plaintiff has got the schedule property in the year 1988. Hence the same makes this court to disbelieve the contentions of the plaintiff. Coming to Exs.A6 and A7, it is 24 nothing but the notice issued to the defendant with regard to the encroachments but during the cross examination of PW1, PW1 deposed that she did not issue any notice or made any application to the municipality. Hence the evidence of PW1 contradicts with the contentions of the PW1 in the plaint. Coming to Ex.A4, it is the plan filed by the plaintiff but the said plan was prepared privately which is not reliable one.
Coming to Ex.A5, it is an endorsement given by the municipality that the plaintiff is in possession to an extent of 380.22 Sq. yards and the total extent of R.S.No.241 is Ac.1.96 cents and the same is not sub divided but the Municipality has not given an endorsement that they have encroached an extent of 84 square yards and laid road and drain on the northern side.
Hence Ex.A5 is no way helpful to believe that the defendant has encroached the suit schedule property and laid cement road and drain.
Coming to the report and sketch submitted by an advocate commissioner, advocate commissioner in his report mentioned that there is shortage of 16 feet on the eastern side and 4 feet on the western side and no shortage in the measurements of north and south and on the field, it is found that the red color is also found to be part of the existing road on the northern side. Even though there is shortage of extent, first of all the plaintiff has to prove that the said property in R.S.No.241 to an extent of 464.4/9 square yards as mentioned in Ex.A1 originally belongs to the vendor of the plaintiff and from whom she has acquired the same through any single piece of paper. The plaintiff has not produced any link document to prove that her mother has conferred her title over the plaint schedule property to an extent of 464.4/9 in R.S.No.241 and as such the same creates suspicion surround the case of the plaintiff. Moreover the evidence of PW1 who is none other than the plaintiff evidence completely contradicts with the contentions of the plaint pleadings. The evidence of PW2 to PW6 doesn’t come in aid for the plaintiff to prove the contentions of the plaintiff in the plaint. Moreover PW6 who is none other than brother of 25 the plaintiff failed to state in his chief affidavit as to how his mother has got the suit schedule property and under which document, she has acquired the property in R.S.No.241 to an extent of 464.4/9 square yards.
When once the initial burden discharged by the plaintiff, the burden shifts to the defendant. After that the evidence of the defendant should be looked into. But in the suit on hand, the plaintiff failed to discharge her initial burden. The plaintiff failed to establish and prove her case and as such the suit is liable to be dismissed. Hence this issue is answered against the plaintiff.
08) ISSUE NO.2:
In view of answering Issue No.1 against the plaintiff, the suit is liable to be dismissed.
In the result, the suit is dismissed without costs.
Typed to my dictation by the personal Assistant, corrected and
pronounced by me in the open court on this, the 11th day of December,
2020 Sd/ V.Sri Prathyusha
I Addl. Junior Civil Judge,
Machilipatnam.
Appendix of evidence Witnesses examined
For plaintiff :
P.W.1: Boddu Venkateswaramma
P.W.2: Peetha Lakshmi Pathi Rao
P.W.3: Boddu Satyam Narayana
P.W.4: G.Srinivas(Advocate Commissioner)
P.W.5: Jujjavarapu Yesurao
P.W.6: Moka Satyanarayana Varma 26
For defendant:
D.W.1: Gollapudi Venkateswara Rao
Exhibits marked on behalf of the plaintiff:
Ex.A1: Registrationextractgiftdeedbearing Doc.No.1479/1998, dt.07.05.1988
Ex.A2: Original vacant land tax provisional receipt bearing No.10459 for Rs.3,100/, dt.10.09.2015
Ex.A3: Originals vacant land tax payment from 01.04.2013 to 30.09.2013 & 01.04.2015 to 30.09.2015 – two receipts dt.16.09.2015
Ex.A4: Blue print plan prepared by surveyor
Ex.A5: Endorsement in ROC.No.13109/15/G1 issued by Machilipatnam Municipality to plaintiff, dt.09.12.2015
Ex.A6: Office copy of registered notice got issued to defendant, dt.10.02.2016
Ex.A7: Postal acknowledgment
Ex.A8: The vacant land tax in respect of the plaint schedule property for the period from 01.10.2015 to 31.03.2017 bearing receipt No.08/201617/20428, dt.18.08.2016
Ex.A9: Original vacant land tax for the period from 01.04.2017 to 31.03.2018 bearing receipt No.04/2017 18/4845, dt.29.04.2017
Exhibits marked through PW4Advocate Commissioner:
Ex.C1: Advocate commissioner warrant
Ex.C2: Advocate commissioner report
Ex.C3: Blue print along with plan reduced to scale
Exhibits marked on behalf of the Defendant: Nil
Sd/- V.Sri Prathyusha
I Addl. Junior Civil Judge,
Machilipatnam.
1
IN THE COURT OF THE I ADDL. JUNIOR CIVIL JUDGE: MACHILIPATNAM.
PRESENT: Smt.V.SRI PRATHYUSHA,
I ADDL. JUNIOR CIVIL JUDGE, MACHILIPATNAM.
Monday, the Sixteenth (16 th ) day of November, 2020
ORIGINAL.SUIT.NO. 547 OF 2019
Between:
Pamarthi Anil Kumar, S/o.Manga Rao, aged about 39 years, properties, R/o.D.No.17/96C Edepalli, Machilipatnam. …Plaintiff
And:
Malisetty Subrahmanyeswara Rao, S/o.Veera Raghavaiah, aged about 42 years, properties, R/o.Gopuvanipalem, Bandar Mandal. …Defendant
This suit came before this Court on 15.10.2020 for final hearing in the presence of Sri S.Balaji Rao, Advocate for the plaintiff and the defendant remained exparte ; and having stood over for consideration till this day, the
Court delivered the following:
J U D G M E N T
This is a suit filed for specific performance of contract of sale in favour of the plaintiff, by directing the defendant to execute regular registered sale deed in favour of the plaintiff, in respect of the plaint schedule property, in the place of agreement of sale dated 03.08.2016 by receiving balance of sale consideration of Rs.7,87,500/ or pass a decree for Rs.4,50,000/ in favour of the plaintiff against the defendant with subsequent interest at 12% p.a. from the date of suit till its realization and for costs.
02) IN A NUTSHELL, THE BRIEF AVERMENTS OF THE PLAINT ARE AS
FOLLOWS: 2
The plaintiff submits that, the defendant have offered to sell the plaint schedule property i.e. Ac.0.75 cents of dry land, acre value at Rs.16,50,000/ and that Rs.12,37,500/ is fixed for Ac.0.75 cents and the plaintiff has paid an amount of Rs.2,00,000/ to the defendant towards advance, accordingly the defendant has executed non possessory agreement of sale on 03.08.2016 in favour of the plaintiff and it is further agreed that the rest of Rs.10,37,500/ to be paid by 25.09.2016, in case it is not happened, it is agreed that the plaintiff has to pay 12% interest on the rest of balance of sale consideration. The plaintiff has further paid an amount of Rs.50,000/ to the defendant on 25.09.2016 and that the defendant has endorsed the same on the reverse of the first page of agreement of sale, further the defendant has received Rs.1,00,000/ from the plaintiff on 01.05.2017 and he has passed voucher for the same towards part payment of the said agreement of sale, again on 01.11.2017 the plaintiff has paid another
Rs.1,00,000/ towards part payment to the defendant and the defendant has passed a separate voucher for the same. Therefore, the plaintiff has to pay only
Rs.7,87,500/ and that the plaintiff is ready with that amount and to get the regular registered sale deed in his favour. The plaint schedule property is already acquired by the government as per the notification and it is further agreed that the defendant has to obtain permission from the government to alienate the property and that after getting that permission, the plaintiff has to pay the balance of sale consideration and to get the sale deed in his favour. The plaintiff submits that, till this date, whether the defendant has applied for permission to the government or not, know body knows and the plaintiff being ready with balance of sale consideration Rs.7,87,500/ and he is requesting the defendant to come and execute the regular registered sale deed in his favour along with permission from 3 the government to execute sale deed. The defendant has to perform his part of contract by obtaining permission from the government. Therefore, the plaintiff is always ready and willing to perform his part of contract and that the plaintiff requested the defendant to speed up the process of getting permission from the government to execute sale deed in his favour, so that, the plaintiff can get the regular sale deed. The plaintiff got issued legal notice through his counsel on 13.11.2017 and also issued rejoinder on 30.11.2017 to the defendant to come and execute registered sale deed in favour of the plaintiff, but the defendant got returned the said notice and did not come forward to receive the balance of sale consideration and to execute the sale deed and that it is very clear that the defendant wantonly delaying the process in getting sanction from the government for executing the sale deed in favour of the plaintiff. The plaintiff is always ready and willing to perform his part of contract, but the defendant delayed the matter in getting sanction from the government, which required for executing document, unless the aforementioned requirements complied, the registering authorities will not allow the parties to execute sale deed in respect of the lands which are under the notification pertains to port and industrial corridor. In those circumstances, it is the duty of the defendant to take steps and getting sanction from the government to execute sale deed, but he is sit on the issue for years together, thereby the intention of the defendant is very clear that he does not like to get the sanction from the authorities, as he has no intention to execute sale deed in favour of the plaintiff. Therefore, the plaintiff has no other go except to file suit for specific performance of contract of sale against the defendant. The plaintiff got vast properties, he is financially well of, he got full financial capacity and he has been waiting to get the sale deed through he got lot of financial support, but he 4 could not get the sale deed because of one way or other the defendant is postponing to execute the registered sale deed. There are no increase of land values, the schedule property is in village only and he is always ready with money and he has taken log of steps to perform his part of contract by sending relations, friends, elders to convince the defendant to come and execute the registered sale deed by getting sanction from the government, thereby he is ready and willing to get the sale deed and that there are no latches on the part of the plaintiff in perform his part of contract. On 03.10.2018 the plaintiff again demanded the defendant such transfer by issuing legal notice through his counsel and the defendant has not executed any instrument of transfer. The plaintiff is still ready and willing to pay the purchase money of Rs.12,37,500/ of the said property to the defendant after deducting the amount of Rs.4,50,000/ which is paid under agreement of sale dt.03.08.2016 and that the plaintiff claims that the defendant transfers the said property to the plaintiff by a sufficient instrument after receipt of balance of sale consideration of Rs.7,87,500/. Though the plaintiff is entitled for compensation for causing delay in performing of contract of sale by the defendant, is not praying for the same. The defendant has got right, title, possession and he got right to sell and as the defendant is not cooperating since all these years inspite of several oral requests, so also through legal notice of the plaintiff’s counsel, as such the plaintiff has no other got except to file suit for specific performance of contract. Hence the suit.
03) Summons of the defendant through registered post returned unserved with an endorsement as “Refused to take”. Defendant called absent. No representation on behalf of the defendant. Service is held sufficient. Hence the defendant is set Exparte by this court.
5
04) Heard the learned counsel for the plaintiff through bluejeans.
05) To substantiate the case of the plaintiff, the plaintiff examined himself as PW1 who filed his affidavit in lieu of his examinationinchief wherein he reiterated the plaint pleadings and as such chief affidavit of PW1 is nothing but the replica of the plaint. In addition to that, PW1 exhibited Exs.A1 to A8. PW1 in his chief affidavit stated that the defendant has offered to sell the plaint schedule property for an amount of Rs.12,37,500/ and he has paid Rs.2,00,000/ towards advance and accordingly the defendant has executed nonpossessory agreement of sale on 03.08.2016 in favour of the plaintiff. He further stated that he has paid an amount of Rs.50,000/ to the defendant on 25.09.2016 and the same is endorsed on the back side of agreement of sale deed and the defendant further received
Rs.1,00,000/ on 01.05.2017 and he has passed voucher to that effect and again on 01.11.2017, the plaintiff has paid another Rs.1,00,000/ and the defendant has issued voucher for the same. To prove the same, PW1 exhibited Exs.A1, A2 and
A5. On perusal of Ex.A1, it appears that the plaintiff and the defendant has entered into agreement of sale of the suit schedule property for sum of
Rs.12,37,500/ and it further shows that the plaintiff has paid advance amount of
Rs.2,00,000/ to the defendant and the balance amount which is to be paid is
Rs.10,37,500/. On perusal of Ex.A2, it shows that the plaintiff has further paid
Rs.50,000/ to the defendant and the same is endorsed on the back side of first page of Ex.A1 and the defendant also endorsed his signature. On perusal of Ex.A5, it appears that the plaintiff has paid Rs.1,00,000/ on 01.11.2017 and another sum of Rs.1,00,000/ on 01.05.2017 towards agreement dated 03.08.2016 and the said document shows that the said amount was received by the defendant on 6 the even date. The evidence of PW1 to that effect has been unrebutted. PW1 in his chief affidavit further stated that he got issued legal notice through his counsel on 13.11.2017 and also issued rejoinder on 13.11.2017 and once again got issued legal notice on 03.10.2018 calling upon the defendant to perform his part of contract. To prove the same, PW1 exhibited Exs.A3, A4, A6 to A8. On perusal of
Ex.A3, it is seen that the plaintiff has got issued notice to the defendant requesting him to come and receive Rs.7,87,500/ and execute regular sale deed within 7 days from the date of receipt of this notice. On perusal of Ex.A4, it shows that the said legal notice was received by the defendant and it is an acknowledgment given by the defendant. On perusal of Ex.A6, it appears that the plaintiff got issued legal notice to the defendant on 13.11.2017 calling upon him to perform his part of contract. On perusal of Ex.A7, it is seen that the plaintiff has got issued rejoinder notice in connection with Ex.A6 on 30.11.2017. On perusal of Ex.A8, it is seen that the said notice was returned unserved. PW1 in his chief affidavit further stated that he is always ready and willing to perform his part of contract with balance sale consideration but the defendant wantonly avoiding to perform his part of contract even though legal notice was also issued to him. The evidence of PW1 to that effect has been unrebutted and unchallenged by the defendant.
Exs.A2, A3, A5, A6 clearly shows that the plaintiff is ready and willing to perform his part of contract. Ex.A4 clearly shows that the defendant has received the legal notice issued by the plaintiff. It seems that the defendant is wantonly refusing to perform his part of contract. The defendant failed to appear before the court and contest the suit even after service of summons to the defendant and moreover the defendant refused to receive summons issued by this court. The evidence of PW1 very well corroborates with the documents filed by him. Ex.A1 is unrebutted and 7 unchallenged by the defendant and refusing summons issued by the court through registered post clearly shows that he is admitting the contents of Ex.A1. Hence, in view of the above discussion this court comes to conclusion that the plaintiff very well proved and established his case through Exs.A1 to A8 and as such the plaintiff is entitled for specific performance of contract.
06)In the result, the suit is decreed with costs in favour of the plaintiff and against the defendant and the plaintiff is directed to deposit balance of sale consideration of Rs.7,87,500/ (Seven Lakhs Eighty Seven Thousand Five
Hundred Rupees Only) into the court within or before 15022020 and the defendant is at liberty to receive the balance of sale consideration from the court and the defendant is directed to execute a regular registered sale deed in favour of the plaintiff in respect of the plaint schedule property within three months from 15.02.2020. If the defendant fail to execute a registered sale deed in favour of the plaintiff in respect of the plaint schedule property, the plaintiff is at liberty to obtain registered sale deed under due process of law.
Typed to my dictation by the Personal Assistant, corrected and pronounced by me in the open court on this, the 16th day of November, 2020.
Sd/ V.Sri Prathyusha
I Addl. Junior Civil Judge,
Machilipatnam.
Appendix of evidence
Witnesses examined
For plaintiff :
P.W.1: Pamarthi Anil Kumar
For defendant: Exparte 8
Exhibits marked on behalf of the Plaintiff:
Ex.A1: Original non possessory agreement of sale executed by the defendant in favour of plaintiff, dt.03.08.2016
Ex.A2: Endorsement, dt.25.09.2016
Ex.A3: Office copy of registered legal notice got issued by the plaintiff to the defendant, dt.03.10.2018
Ex.A4: Office copy of acknowledgment, dt.08.10.2018
Ex.A5: Originals of two individual cash vouchers, dt.01.05.2017 and 01.11.2017
Ex.A6 : Office copy of registered legal notice got issued to the defendant, dt.13.11.2017
Ex.A7: Office copy of rejoinder notice by plaintiff, dt.30.11.2017
Ex.A8: Original returned legal notice, dt.09.01.2018.
Exhibits marked on behalf of the Defendant: Exparte
Sd/- V.Sri Prathyusha
I Addl. Junior Civil Judge,
Machilipatnam.
1
IN THE COURT OF THE I ADDL. JUNIOR CIVIL JUDGE, MACHILIPATNAM.
Present: Smt.V.Sri Prathyusha,
I Addl. Junior Civil Judge,
Machilipatnam.
Wednesday, this the 16 th day of December, 2020
ORIGINAL.SUIT.No. 253/2019
Between:
1. Kolapalli Kiran Kumar @ Sai Babu, S/o. Krishna Murthy, aged about 70 years, properties, residing at D.No.4/177, Rajupeta, Machilipatnam, Krishna District.
2. Kolapalli Yathi Rajavalli, W/o. Late Prasanthi Babu, aged about 50 years, House wife & properties, residing at D.No.4/171, Rajupeta, Machilipatnam, Krishna District.
::: Plaintiffs
A N D
Kasani Siva, S/o. Late Venkata Dasu, aged about 38 years, Tractor Driver, residing at S.N.Gollapalem Village, Machilipatnam Mandal, Krishna District.
::: Defendant
This suit is coming on 16.12.2020 for hearing in the presence of Sri L.Balaji,
Advocate for Plaintiffs and Sri B.Rambabu and Sri N.Rama Krishna, Advocates for defendant and the matter having stood over for consideration till this day, this court delivered the following:
J U D G M E N T
This suit is filed for permanent injunction restraining the defendant, his men, servants, henchmen, hooligans, followers, friends and others on his behalf from interfering with the peaceful possession and enjoyment of the plaint schedule property by the plaintiffs in any manner whatsoever and for costs.
Defendant counsel filed memo on 16.11.2020 stating that the defendant and plaintiffs adjusted the dispute before elders and as such the defendant hereby withdraw the contents in his written statement and the plaint schedule property is in exclusive possession and enjoyment of the plaintiffs only and the defendant hereby under taking that he will not interfere with the plaint schedule property in any manner and the defendant has no right over the plaint schedule property. He 2 further stated that the defendant has no objection to pass a decree as prayed for without costs. Meanwhile the plaintiffs have filed not press memo Vide
G.L.No.2500, dt.14.12.2020. The plaintiffs have stated in their memo that during the pendency of the suit, the matter adjusted out of the court and the defendant agreed that he will not claim any right much less tenancy over the plaint schedule property and accordingly the plaintiffs agreed for settlement before elders and as per their advise, the plaintiffs not pressing this suit and prayed to dismiss this suit.
Memo recorded. As per memo filed by the plaintiffs and as per the memo filed by the defendant’s counsel and taking into consideration of both the memos, it shows that this matter is settled out of court. Hence, this suit is dismissed as not pressed.
Pronounced by me in open court, on this the 16th day of December, 2020.
Sd/ V.Sri Prathyusha I Addl. Junior Civil Judge, Machilipatnam.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
NIL
Sd/ V.Sri Prathyusha I Addl. Junior Civil Judge, Machilipatnam.
3
1
IN THE COURT OF THE I ADDL. JUNIOR CIVIL JUDGE, MACHILIPATNAM.
Present: Smt.V.Sri Prathyusha,
I Addl. Junior Civil Judge,
Machilipatnam.
Wednesday, this the 16 th day of December, 2020
ORIGINAL.SUIT.No. 548/2019
Between:
Medisetty Eswar Teja, S/o. Sivaramakrishna, aged about 6 years, being minor rep. by his mother/guardian Medisetty Jyothi, W/o. Sivaramakrishna, aged about 30 years, House Wife, R/o.D.No.4/99412, Rajupet, Machilipatnam.
::: Plaintiff
A N D
1. Medisetty Naga Rajakumari, W/o. Veerabhadra Rao, aged about 50 years, D.No.19/396, Chilakalapudi, Machilipatnam.
2. Medisetty Veerabhadra Rao, S/o. Subba Rao, aged about 61 years, R/o.D.No.19/396, Chilakalapudi, Machilipatnam.
3. Medisetty Sivaramakrishna, S/o. Veerabhadra Rao, aged about 36 years, R/o.D.No.19/396, Chilakalapudi, Machilipatnam.
4. Vinnakota Vijayalakshmi, W/o. Ganesh, aged about 40 years, House Wife, resident of Bus stand back side, Edepalli, Machilipatnam.
5. Chopparapu Veera Raghavamma, W/o. Nageswara Rao, aged about 30 years, R/o.Potlapalem Village, Bandar Mandal.
::: Defendants
This suit is coming on 16.12.2020 for hearing in the presence of Sri S.Balaji
Rao, Advocate for Plaintiff and defendant Nos.1 to 5 were set exparte and the matter having stood over for consideration till this day, this court delivered the following:
J U D G M E N T
This suit is filed to pass a preliminary decree in favour of the plaintiff by partition the plaint schedule property into two equal shares and allot one such half share to the 2nd defendant and one such half share to the 3rd defendant and the plaintiff is entitled half share in the half share of the 3rd defendant i.e., 1/4th 2 share in the plaint schedule property, by metes and bounds with good and bad qualities and for costs.
Memo filed by the plaintiff stating that the above matter is settled out of court and prayed this court to dismiss the suit as not press. Memo recorded. As per the memo filed by the plaintiff, this suit is dismissed as not pressed.
Pronounced by me in open court, on this the 16th day of December, 2020.
Sd/ V.Sri Prathyusha I Addl. Junior Civil Judge, Machilipatnam.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
NIL
Sd/ V.Sri Prathyusha I Addl. Junior Civil Judge, Machilipatnam.
3
IN THE COURT OF THE I ADDL. JUNIOR CIVIL JUDGE,
MACHILIPATNAM.
Present: Smt.V.Sri Prathyusha, I Addl. Junior Civil Judge, Machilipatnam.
Monday, this the 28th day of September, 2020
O.S. No. 165/2020
Between: Talla Bhanu Prakash, S/o.Purna Chandra Rao, aged about 36 years, R/o.23-16-3, Park Street, Sajja Puram, Tanuku, Tanuku Mandal, West Godavari District. ::: Plaintiff
A N D
Gamini Bala Ravi Kumar, S/o. late China Puranaiah, aged about 62 years, Business and retired employee, R/o.Guduru, Guduru Mandal, Krishna District. ::: Defendant
This suit is coming on 28.09.2020 for hearing in the presence of
Sri B.Ashok Kumar, counsel for Plaintiff and the matter having stood over for consideration till this day, this court delivered the following:
J U D G M E N T
This suit is filed for recovery of Rs.8,55,866/- being principal and interest due under the promissory note dated 31.08.2019 executed by the defendant in favour of the plaintiff for
Rs.7,00,000/- agreeing to repay the same with interest @ 24 % p.a from the date of suit till the date of realization and for costs.
Memo filed by the plaintiff stating that the matter is adjusted out of this court in the presence of elders and the defendant executed registered sale deed in favour of the plaintiff towards settled amount of Rs.8,50,000/- and prayed this court to dismiss the suit without costs.
Memo recorded. As per memo filed by the plaintiff, this suit is dismissed without costs and as settled out of this court.
Pronounced by me in open court, on this the 28th day of September, 2020.
Sd/- V.Sri Prathyusha
I Addl. Junior Civil Judge, Machilipatnam.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
NIL
Sd/- V.Sri Prathyusha
I Addl. Junior Civil Judge, Machilipatnam.
Order Record 9 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| OS/222/2019 | Boyina Subrahmanyam vs Ganapavarapu Chennakesava Rao | 23 Dec 2020 | Other | — |
| OS/253/2019 | Kolapalli Kirna Kumar @ Sai Babu vs Kasani Siva | 16 Dec 2020 | Judgment | — |
| OS/548/2019 | Modisetty EswarTeja, being minor rep by his mother, Medisetty Jyothi. vs Medisetty Naga Rajakumari | 16 Dec 2020 | Judgment | — |
| OS/220/2016 | Boddu Venkateswaramma vs Machilipatnam Municipality | 11 Dec 2020 | Judgment | — |
| OS/547/2019 | Pamarthi Ani Kumar vs Malisetty Subrahmanyeswara Rao | 16 Nov 2020 | Judgment | — |
| OS/175/2020 | Thumati Srinivasa Rao vs Makke Lakshmi Kumari | 07 Nov 2020 | Other | — |
| OS/158/2020 | Kanchadam Nagalakshmi vs Desu Venkata Subrahmanyeswara Rao | 17 Oct 2020 | Other | — |
| OS/165/2020 | Talla Bhanu Prakash vs Gamini Bala Ravi Kumar | 28 Sep 2020 | Judgment | — |
| CC/676/2019 | The S.H.O vs Tadanki Vaklaiah | 26 Sep 2020 | Other | — |
Frequently Asked Questions
How many cases has Smt V.Sri Prathyusha handled?
Smt V.Sri Prathyusha has handled 9 court orders since 2020 at Prl District Courts, Machilipatnam. The average disposal rate is 2 orders per month.
What types of cases does Smt V.Sri Prathyusha hear?
Based on available records, Smt V.Sri Prathyusha primarily handles Civil matters (Original Suits) and Criminal matters (Criminal Cases) at Prl District Courts, Machilipatnam.
Where is Smt V.Sri Prathyusha currently posted?
Smt V.Sri Prathyusha is posted as Ist Addl. Junior Civil Judge, Machilipatnam at Prl District Courts, Machilipatnam, Krishna, Andhra Pradesh.
Are judgments by Smt V.Sri Prathyusha available online?
Yes. 5 judgments by Smt V.Sri Prathyusha are available on Legistro with full text, outcome, and sections cited.
How fast does Smt V.Sri Prathyusha dispose cases?
Smt V.Sri Prathyusha disposes approximately 2 cases per month, based on 9 orders handled over their tenure at Prl District Courts, Machilipatnam.
Since when is Smt V.Sri Prathyusha serving?
Smt V.Sri Prathyusha has been serving at Prl District Courts, Machilipatnam since 2020.
Case Types
Posting History
-
Jul 2020 — Jan 2021Ist Addl. Junior Civil Judge, Machilipatnam · 9 orders
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