SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(AP) 1290

Andhra Pradesh High Court
Judges : S.V.MARUTHI
P.Bharathi - Appellant
Versus
State OF A.P. rep.by its Secretary to Government, Revenue Department, Hyderabad - Respondent
Decided On : 12-30-97

Headnote:Civil Procedure Code, 1908 - Section 11 Explanation IV - Constructive Res Judicata - If a party to proceedings fails to raise a plea in earlier proceedings which plea is available to them and which is within their knowledge, then the party is precluded from raising said plea in subsequent proceedings

       Held : if a party to the proceedings fails to raise a plea in the earlier proceedings which plea is available to them and which is within their knowledge then the party is precluded from raising the said plea in a subsequent proceedings and the principle underlined on such bar is public policy as there should be an end to the litigation and the party should not be put to litigation successively

S. V. MARUTHI, J.

( 1 ) THIS writ petition is filed for a declaration declaring the action of tht respondents in interfering with the peaceful possession and enjoyment of the petitioners property over an extent of Acs. 1. 20 cents in Survey No. 479/1 of Tirupati Village Accounts, Tirupati Urban Mandal, Chittoor Dist. and proceedings of the fourth respondent dated 17-5-97 handing over the lano to the Police department and the action of respondents 5 to 9 in demolishing the compound wall and causing damage to a tune of rupees one lakh to the petitioners as illegal, arbitrary etc. The facts of the case in brief are as follows: the petitioners purchased Acs. 1. 20 cents in S. No. 479/1 of Tirupati Village accounts under various sale-deeds dated 23-1-95, 5-1-97, 5-2-97, 29-3-97 and 13-3-97. This land purchased by the petitioners forms part of an extent of ac. 1. 50 cents which was originally assigned in favour of Ex. Serviceman a. V. Balakrishna Reddy on 9-9-1978. He continued in possession pursuant to the said assignment. In 1994, A. V. Balakrishna Reddy wanted to alienate the property as ten years period had already expired from the date of assignment. Accordingly, he sold the property in favour of the first petitioner and also in favour of Sri C. Raja Reddy, V. Jagadish, Smt. G. Madhura Vani and also in favour of the second petitioner. Sale-deeds were presented to the sub-Registrar for the purpose of registration, but the Sub-Registrar refused to register the same on the ground that the said property was Government land and it cannot be alienated. Therefore the said A. V. Balakrishna Reddy filed Writ Petition No. 19372/94 on the file of this Court impleading the District collector, Chittoor and also the Mandal Revenue Officer, Tirupati Urban mandal as respondents 1 and 2. The said writ petition was allowed on 21-12-94. Pursuant to the judgment in the said writ petition, A. V. Balakrishna reddy executed registered saledeeds in favour of the petitioners and also in favour of C. Raja Reddy, V. Jagadish and G. Madhura Vani. The petitioners 1 and 2 thereafter intended to sell the land in favour of the petitioners 3 to 5 and certain others. The registering authority raised similar objection and therefore, the petitioners issued a notice on 8-1-96 requesting the Sub-Registrar to furnish the market value enabling the petitioners to register the documents in favour of the third parties which was again refused. Thereafter, the petitioners filed W. P. No. 5311/96 on the file of this Court impleading the mandal Revenue Officer, Tirupati Urban Mandal. The said writ petition was allowed on 13-11-1996. Pursuant to the judgment of this Court in W. P. No. 5311/96, registered saledeeds were executed in favour of petitioners 3 to 5. When one of the purchasers namely G. Madhuravani sought permission for construction of a house, the Tirupati Municipality refused to consider her application and she filed W. P. No. 13605/95 and obtained interim directors in W. P. M. P. No. 16617/95 dated 23-8-1995 to consider the application submitted by her for permission to construct the house without reference to the proceedings dated 22-5-1995 in which an objection was raised that the land is Government land. Thereafter, the 5th respondent Mandal Revenue officer issued proceedings under Sec. 145 Cr. P. C. in M. C. No. 26/97. The petitioners filed Criminal Petition No. 824/97 under Section 482 Cr. P. C. to quash the said proceedings which was admitted and interim stay was also granted for a period of ten weeks and the said matter is pending disposal. The petitioners constructed small sheds and compound wall protecting the property and dug a bore well and installed an Electric Motor containing service connection No. 40319. While so, on 23-5-1997 at about 12 noon, respondents 5 to 9 namely Mandal Revenue Officer, Tirupati Urban Mandal; superintendent of Police, Chittoor; Deputy Superintendent of Police, Tirupati; circle Inspector of Police, Tirupati Rural area and th





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top