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2013 Supreme(AP) 1040

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE M.S. RAMACHANDRA RAO, J.
P. Veerabhadrappa Setty & Another
Versus
Polliki Chandrahas
C.M.A.Nos. 286 of 2013 & 287 of 2013
Decided on: 26-11-2013

Advocates Appeared:
For the Appellants:T.S. Anand, Advocate.
For the Respondent:K. Sita Ram, Advocates.

Headnote:Civil Procedure Code 1908 - Order 39 Rules 1 and 2 – Grant of temporary injunction in suit for permanent injunction restraining defendants from interfering with peaceful possession of plaintiffs is not permissible when plaintiffs are not having prima facie title—No injunction can be granted against lawful owner of property.

Judgment :

As the issues raised in both these appeals are connected, they are being disposed of by this common judgment.

2. C.M.A.No.286 of 2013 is filed challenging the order dt.12-02-2012 in I.A.No.608 of 2012 in O.S.No.22 of 2012 on the file of II Additional District Judge, Adoni.

3. C.M.A.No.287 of 2013 is filed challenging the order dt.12-02-2012 in I.A.No.610 of 2012 in O.S.No.23 of 2012 on the file of II Additional District Judge, Adoni.

4. The appellants in these appeals are the defendants in the above suits.

5. An extent of Ac.22.27 cts. in Sy. No.498, situated in the Halaharvi village and Mandal of Kurnool District was admittedly owned by one Chittam Ramaswamy.

6. One Veerabhadrappa Setty (1st defendant in both suits) and Venkanna Setty are brothers and are sons of one Seenappa Setty. Padmavathamma is the wife of Venkanna Setty. Seenaiah Setty (2nd defendant in both suits) is the son of the 1st defendant.

7. The 1st defendant was treated as his foster son by Chittam Ramaswamy.

8. Under a registered gift deed dt.21-05-1956 being document No.824 of 1956, Chittam Ramaswamy gifted the above property to 1st defendant.

9. O.S.No.22 of 2012 and O.S.No.23 of 2012 respectively were filed by plaintiffs before the II Additional District Judge, Kurnool for a perpetual injunction restraining the defendants from interfering with their alleged peaceful possession and enjoyment of the above extents of land. They alleged that the said gift deed dt.21.5.1956 was not acted upon; on 23-08-1990, that 1st defendant relinquished his rights over this property in favour of his brother Venkanna Setty by receiving an amount of Rs.60,000/-; that Venkanna Setty thereafter relinquished his rights in the land in favour of his wife Padmavathamma under a revenue transfer affected under Section 5A of the Andhra Pradesh Rights in Land and Pattedar Passbooks Act, 1971 (for short, ‘the Act’) by paying Rs.1,170/- towards stamp duty and Rs.240/- towards registration charges; on her death, Venkanna Setty succeeded to the property; he sold an extent of Ac.11.12 cts. out of the above land in favour of Poliki Chandrahas (plaintiff in O.S.22/2012) and the balance of Ac.11.15 cts. in favour of his brother Poliki Umesh (plaintiff in O.S.23/2012) under two registered sale deeds dt.11-04-2012; that the plaintiffs/respondents herein are in possession and enjoyment of the respective extents purchased by them; and on 20-09-2012, defendants tried to trespass into the land and dispossess them.

10. They also filed I.A.No.608 of 2012 and 610 of 2012 respectively in these suits under Order 39 Rules 1 and 2 CPC for a temporary injunction restraining defendants from interfering with their alleged possession and enjoyment of the plaint schedule properties.

11. In these I.As., the plaintiffs reiterated their pleadings in the plaint and contended that the revenue authorities had accepted the title of Padmavathamma and later that of Venkanna Setty by issuing pattedar passbook and title deed and also mutated their names in the revenue records. In support of the said pleas in the above I.As, the plaintiffs filed Exs.P-1 to P-18.

12. The defendants filed counter affidavits in the I.As denying the allegations made by the plaintiffs. They contended that the regd. gift deed dt.21-05-1956 was acted upon and 1st defendant was put in possession of the land; that he mortgaged it in favour of Magam Obanna on 14-02-1962 for a loan of Rs.8,000/-; subsequently it was again mortgaged to H.Narayana Reddy on 14-06-1962 for Rs.3,000/-; on 09-06-1976, there was a mortgage in favour of Chintakunta Cooperative Society for a loan of Rs.6,000/-; that on 23-08-1990, Venkanna Setty had executed any agreement to purchase the land in favour of 1st defendant for Rs.60,000/- but did not pay the agreed sale consideration or obtained possession of the suit land; therefore the defendants continue to be in possession and enjoyment of the land; that on 27-06-2012, 1st defendant executed the registered gift deed in favour o




























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