IMPORTANT POINT
A plaintiff must establish possession to secure a temporary injunction; failure to do so precludes consideration of other factors.

The temporary injunction granted by the learned Junior Civil Judge, Gajwel, in IA No.263 of 2009 in as No.76 of 2009 was set aside in appeal in CMA No.32 of 2009 by the learned VI Additional District Judge at Siddipet, Medak District. Hence, this civil revision petition by the plaintiff in the suit.

2. The appellate order was suspended on 18.7.2011 pending this revision.

3. Parties shall be referred to as arrayed before the trial. Court.

4. The suit, as No.76 of 2009, was filed for a perpetual injunction to restrain the defendants from interfering with and disturbing the plaintiff s possession over the suit schedule plot admeasuring 292Y2 square yards in Sy.No.222/AN4 of Kallakal Village, Toopran MandaI, Medak District. The plaintiff also sought an interim injunction pending the suit to protect his possession over the suit plot. It was his case that one Nathi Bhoomaiah was the original pattadar and possessor of an extent of Ac.0-25 guntas of dry land in Sy.No.222 of Kallakal Village. Bhoomaiah died leaving his widow, Nathi Mallamma, and two sons, Nathi Pentaiah and Nathi Chandraiah. Mallamma 's name was recorded as the pattadar of the land in the revenue records, but the land was enjoyed jointly by all of them. Mallamma died three years prior to the filing of the suit, whereby the sons became .the joint owners of the land. They partitioned the same and each got Ac.0-12Y2 guntas. Nathi Pentaiah is said to have converted his share of land into house plots and sold the suit plot to the plaintiff under registered sale deed bearing Document No.444/2009 dated 19.3.2009 (Ex.A1) for valid consideration. The plaintiff got his name recorded as the pattadar of the suit plot under proceedings dated 12.5.2009 (Ex.A2) of the Tahsildar, Toopran. He claims to have applied for permission to construct a house in the suit plot, but in the meanwhile as the defendants were interfering with his peaceful possession over the same and were trying to dispossess him, he filed the subject suit. Copies of the pahanies for the years 2001-02 to 2007-08 (Exs.A3 to A9) were relied upon to prove possession of his predecessors-in-title.

5. Per contra, it was the case of the first defendant that he was the pattadar and possessor of Ac.0-17 guntas of land 'in Sy.No.222 of Kallakal Village and he produced the pattadar passbook (Ex.B2) and the title deed (Ex.B1) issued to him under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. He further stated that he was paying land cess in respect of this landholding for the past several years and produced Exs.B3 to B5, land revenue receipts of the years 1988 and 1990, in support thereof. He adduced in evidence the registered sale deeds, Exs.B6 to B8, pertaining to his neighbours wherein his landholding was reflected in the schedules and plans. Exs.B10 to B 13 encumbrance certificates were filed to prove the registered sale transactions under Exs.B6 to B8. Certificate dated 17.7,2001 (Ex.B9) issued by the Village Revenue Officer, Kallakal Village, was placed on record to show that the first defendant was also known as Nathi Mallaiah. The second and third defendants are the wife and son of the first defendant. It was the case of the defendants that the plaintiff was fraudulently claiming ownership over their land by creating documents.

6. The trial Court, upon consioering the evidence placed on record, opined that the plaintiff proved his purchase of the suit plot and therefore, prima facie proved his possession as on the date of the suit. Holding that balance of convenience was in his favour and that he would be put to irreparable loss and hardship if injunction was not granted, the trial Court allowed his temporary injunction application by order dated 15.7.2009.

7. In appeal in CMA No.32 of 2009, the learned VI Additional District Judge, Siddipet, Medak District, examined the evidence at length. The pahanies Exs.A3 to A5 pertaining to the years 2001, 02, 2002-03 and 2003-04 were foun