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2010 Supreme(AP) 757

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE GHULAM MOHAMMED & THE HONOURABLE MR. JUSTICE B. SESHASAYANA REDDY
Chilukuru Umadevi & Another
Versus
Kalidindi Vijaya Lakhsmi & Others
Writ Petition No.2267 of 2009
Decided on : 16-08-2010

Advocates appeared:
For the Petitioners:G. Ram Gopal, Advocate.
For the Respondents:B. Adinarayana Rao, Advocate.

Headnote:

Constitution of India - Article 226 and 227 - Agreement of sale-cum-irrevocable - Power of attorney - Petition under Article 226 of the Constitution of India is filed by seeking writ of Certiorari to quash the award - Possessory Agreement of sale-cum-irrevocable - Possessory Agreement of sale-cum-irrevocable power of Attorney conveying the land owned by him and delivered possession to the petitioners - While so respondents on the file of the II Additional Senior Civil Judge against and Rao-respondents seeking for injunction – Respondents claim to have purchased square yards comprising Plot in Balayya Sastry Layout - Claim of the plaintiffs - Respondent pleaded in the written statement that one late Rao father Fourth respondent herein purchased under a registered sale deed - Lay out of the entire land has been called as Layout sold part of cents while retaining the other part of the land. Ganta Babu Rao continued to be in occupation of the extents of land retained- He entered in to a sale agreement with for the left over portion in the land, vide Registered agreement of sale-cum-irrevocable power of attorney dated - Dispute between the plaintiff and defendants came to be referred to Lok Adalat. Both parties to the suit entered into compromise and accordingly, an award came to be passed - Defendants have agreed that the plaintiffs are the absolute owners, having right, title and possession over the plaint schedule property and the defendants are nothing to do with the said property - Second defendant is specifically agreed that the property purchased by his adopted father vide registered sale deed is entirely different and distinct from the suit schedule property - Second defendant also agreed to not press the suit filed by him on the file of the I Additional District Judge’s Court as the said suit was filed by him seeking declaration in respect of the present suit schedule property – Held, Petitioners that the 4th respondent executed an agreement of sale-cum-irrevocable power of attorney in respect square yards in Balayya Sastry layout in Block - Respondents who are defendants in the suit entered into compromise with the plaintiffs, who have been arrayed as respondents 1 and 2 stating that the property covered under agreement of sale-cum-irrevocable power of attorney executed in favour of the petitioners herein is no way concerned with the plaint schedule property and that the property covered under the said document - Property covered under agreement of sale-cum-irrevocable power of attorney executed in favour of the petitioners herein stands in Nagar lay out affects the rights of the petitioners - Since the schedule appended to the agreement of sale-cum-power of attorney in unmistakable terms mentions the location of the property as Balayya Sastry lay - Agreement of sale-cum-irrevocable power of attorney stated in the terms and conditions of the compromise that the property covered under agreement of sale-cum-irrevocable power of attorney is situated lay out and not layout - It is a matter of record that both the layouts are in the same survey number - Respondents particularly respondent having entered into agreement of sale with the petitioners herein describing the location of the property layout cannot be permitted to contend that the property covered under agreement of sale-cum-irrevocable power of attorney layout - Petition is allowed.

Judgment

B. Seshasayana Reddy, J.

1. This writ petition under Article 226 of the Constitution of India is filed by Smt. Chilukuru Umadevi and Ganapatineedu Venkata Narayana seeking writ of Certiorari to quash the award dated 14.2.2008 passed in LSA 143 of 2008 on the file of District Legal Services Authority (Lok Adalat) at Visakhapatnam.

2. Background facts, in a nutshell, leading to filing of this writ petition by the third parties to the award dated 14.2.2008 passed in LSA 143 of 2008 are:-

Ganta Babu Rao-4th respondent owned 1100 square yards in Block No.11, Patta No.18, Sy.No.2 in Balayya Sastry Layout bearing Dr.No.49-54-7/1, Assessment No.100003/30169. He executed a possessory Agreement of sale-cum-irrevocable power of Attorney dated 9.10.2006 conveying the land owned by him and delivered possession to the petitioners. While so, Kalidindi Vijaya Lakshmi and Kalidindi Viswanatha Raju-respondents 1 and 2 filed O.S.No.1359 of 2006 on the file of the II Additional Senior Civil Judge, Visakhapatnam against Mallu Dinish Kumar and Ganta Babu Rao-respondents 3 and 4 herein seeking for injunction. Respondents 1 and 2 claim to have purchased 600 square yards comprising Plot Nos.4 and 9 in Balayya Sastry Layout, Block No .2 of Allipuram, SRO, Dwarakanagar, Visakhapatnam under two registered sale deeds dated 10-7-1992 and 15-7-2000.

3. Respondent No.3 filed written statement in O.S.No.1359 of 2006 resisting the claim of the plaintiffs. Respondent No.3 pleaded in the written statement that one late Ganta Talapathi Rao father of Ganta Babu Rao (Fourth respondent herein) purchased Ac.1.21 ½ cents on 23.9.1959 under a registered sale deed from Saraswatula Kameswaramma D/o Balayya Sastry. Lay out of the entire land has been called as Balayya Sastry Layout. Ganta Talapathi Rao sold part of Ac.1.21 ½ cents while retaining the other part of the land. Ganta Babu Rao continued to be in occupation of the extents of land retained by his father-Ganta Talapathi Rao. He entered in to a sale agreement with Ganta Babu Rao for the left over portion in the land, vide Registered agreement of sale-cum-irrevocable power of attorney dated 9.10.2006.

4. The dispute between the plaintiff and defendants came to be referred to Lok Adalat. Both parties to the suit entered into compromise and accordingly, an award dated 14.2.2008 came to be passed. The terms and conditions of the compromise are:-

“1. The defendants have agreed that the plaintiffs are the absolute owners, having right, title and possession over the plaint schedule property and the defendants are nothing to do with the said property.

2. The second defendant is specifically agreed that the property purchased by his adopted father, vide registered sale deed dt.23.9.1959 under Doc. No.2787/1959 is entirely different and distinct from the suit schedule property.

3. The second defendant also agreed to not press the suit filed by him in O.S.No.3/2008 on the file of the I Additional District Judge’s Court, Visakhapatnam as the said suit was filed by him seeking declaration in respect of the present suit schedule property.

4. Both the parties are hereby agreed that Plot Nos. of the above suit schedule property are 6 & 9 after approval by the V.U.D.A under L.P.No.5/80 and prior to the approval, their numbers are 4 & 9. In the registered sale deeds obtained by the plaintiffs herein, old numbers are only mentioned i.e. 4 & 9.

5. The …. Assured the plaintiffs that he never executed any agreement.. in respect of the suit schedule property to any third party.

6. The defendants have agreed to withdraw all the complaints lodged by them to the Visakhapatnam Municipal Corporation and also to other authorities such as District Collector, Visakhapatnam, Electrical Department, U.I.C etc., including the paper publication made by them in Eenadu dt.25.1.2008.

7. The defendants also agreed to get the Tax Pass Books obtained by them in their name to the property covered under Plot No.6, cancelled so as to enable the pla



























































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