Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
G.Hanumanthu - Appellant
Versus
T.Rajitha Reddy - Respondent
Decided On : 03-04-05
Constitution of India,1950 - Relief of perpetual injunction - Sale deed - Seeking declaration of title and injunction - Respondent filed in the Court of Junior civil Judge for the relief of perpetual injunction against the appellant in respect of According to her, an extent of land purchased by herself and through sale deed marked - It is stated that the boundaries in the sale deed were rectified through - Respondent became absolute owner of 20 guntas of land - She also stated that she purchased adjoining land of 10 guntas in same survey number through - She complained that the appellant herein started interfering with her possession over the suit schedule property - appellant, in turn, filed a counter-claim, seeking declaration of title and injunction, in respect of an extent of Ac. 1. 00 of land, in the same survey number - According to him the land was purchased from the same vendor, namely and that he purchased - Appellant on the one respondent on the other hand claimed that they are in possession of the respective properties purchased by them – Held, Court ought to have rectified this, either by remanding the matter to the Trial Court, or by undertaking the discussion on individual issues - Instead it framed two points and recorded findings to the effect that the respondent established her claim for injunction whereas the appellant herein failed to prove his entitlement for declaration of title - Court is matter needs to be remanded to the Trial Court - It is true that the suit was filed way and it would be difficult for the parties, if they are relegated to the initial stage - Though it is advisable that the matters are given a finality within the earliest possible time, the necessity to ensure perfection and just conclusions - Second appeal is allowed
( 1 ) THE respondent filed o. S. No. 122 of 1989 in the Court of Junior civil Judge, Shadnagar, for the relief of perpetual injunction against the appellant, in respect of 30 guntas of land in Sy. No. 234, of Farooqnagar Village, Shadnagar, mahabubnagar. According to her, an extent of 20 guntas of land, was purchased by herself and one Gouramma, through sale deed dated 13-6-1986, marked as Ex. A2. It is stated that the boundaries in the sale deed were rectified through Ex. A3, dated 8-11-1988. Subsequently, Gouramma, is said to have sold her undivided share, in favour of the respondent, through Ex. A4, dated 14-2-1989. Thereby, the respondent became absolute owner of 20 guntas of land. She also stated that she purchased adjoining land of 10 guntas, in the same survey number, through Ex. A5, dated 6-6-1989. She complained that the appellant herein started interfering with her possession over the suit schedule property.
( 2 ) THE appellant, in turn, filed a counter-claim, seeking declaration of title and injunction, in respect of an extent of Ac. 1. 00 of land, in the same survey number. According to him, the land was purchased from the same vendor, namely, Ramulu, by one Lalithamma through Ex. B2, dated 6-2-1976, and that he purchased it from lalithamma through Ex. Bl, dated 17-5-1988. The appellant, on the one hand, and the respondent, on the other hand, claimed that they are in possession of the respective properties purchased by them. The Trial court dismissed the suit and decreed the counter-claim of the appellant/defendant, through its judgment dated 11-9-1997. Aggrieved thereby, the respondent filed a. S. No. 52 of 1997. The lower appellate court reversed the judgment and decree of the Trial Court through its judgment dated 11-11-2004. Hence, this second appeal by the appellant.
( 3 ) SRI B. Venkat Rama Rao, learned counsel for the appellant submits that the lower appellate Court reversed the findings of the Trial Court, both as to the genuinity of Exs. Bl and B2, as well as the lack of coherence, on the part of the respondent herein, as to the suit claim; without any basis. He contends that though the documents exs. Bl and B2 are registered, and Ex. B2 was executed by none other than PW2, k. Ramulu, the common vendor, the lower appellate Court disbelieved the same, on the strength of mere denial by the said witness. He also submits that a minor discrepancy in the plan, attached to the counter-claim, on the one hand, and Ex. Bl on the other, was treated as the basis for denial of the relief to the appellant.
( 4 ) SRI V. Ravi Kiran Rao, learned counsel for the respondent, on the other hand, submits that the Trial Court committed grave irregularity, in not addressing itself to the individual issues, and dismissing the suit and granting the relief of counter-claim. He contends that the lower appellate Court had undertaken extensive discussion, as to the genuineness of the documents, Exs. Bl and b2, and absence of an) proof, as to possession of the appellant herein over the suit schedule property, and allowed the appeal.
( 5 ) ET is not in dispute that the appellant and respondent claimed their rights, in respect of two separate bits of land, in the same survey number, namely, 234 of farooqnagar Village, from the same vendor, pw2. If the lands covered by Exs. A3 and a5, on the one hand, and Ex. B1, on the other hand, are different and separate pieces of land, there does not exist any difficulty in granting reliefs to the respondent in his suit, and to the appellant, in his counter-claim. None of them claimed any rights against the property purchased by the other. However, if there is any overlapping of these two pieces of land, the necessity arises for the Court to resolve the same, particularity, in the context of the fact that the appellant herein made a counter-claim for the relief of declaration of title. The Trial Court framed as many as 7 issues, as under:1. Whether plaintiff is entitled to perman
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