Important Point—
A delegated authority cannot be delegated further.

(Per the Hon’ble Smt. Justice Anis)

1. This Civil Miscellaneous Appeal, under Order XLIII Rule 1(d) of the Code of Civil Procedure, 1908 (for short ‘C.P.C.), is directed against the order, dated 16.04.2014 passed in I.A.No.605 of 2013 in O.S.No.1116 of 2013 on the file of the IV Additional District Judge, Ranga Reddy District at L.B.Nagar.

2. Appellants were arrayed as the respondents 1 to 3 and 5 to 12, while the respondents 1 to 7 as the petitioners and respondent No.8 as the respondent No.4 in I.A. before the trial Court.

3. For the sake of convenience, the parties are referred to as arrayed in the I.A. before the trial Court.

4. The petitioners filed the petition under Order XXXIX Rules 1 and 2 read with Section 151 C.P.C. to grant ad interim injunction restraining the respondents from changing the nature of the suit schedule property and making any construction in the suit schedule property plots bearing Nos.306, 307, 308, 313, 314 and 315 comprising in Survey Nos.87 and 119 admeasuring 1008 Sq. yards situated at Puppalguda village, Rajendranagar Mandal, Ranga Reddy District.

5. The brief averments made in the petition filed before the trial Court are as follows:

The petitioners/plaintiffs are the owners and possessors of the land comprising in Survey Nos.87 and 119 of Puppalguda village and grampanchayat, Rajendranagar Mandal, Ranga Reddy District, which was inherited from the deceased Ramlal, who was the husband of 1st petitioner and father of petitioners 2,3,5 and 6. Petitioners 4 and 7 are the legal heirs of one Bharat Singh, who was the son of the said Ramlal.

Originally, late Kalyan Singh during his lifetime was the protected tenant of one Syed Shah Ahmed Mohiuddin. The said Kalyan Singh adopted his maternal grandson by name Ramlal and the said Ramlal succeeded the said property as protected tenant of Kalyan Singh. During the lifetime of Ramlal, he was the owner and possessor of the agricultural land admeasuring Ac.12.17 guntas in Survey No.87 and 16.06 guntas of land in Survey No.119 altogether Ac.26.31 guntas in Survey Nos.87 and 119 of Puppalaguda village and grampanchapayat, Rajendranagar Mandal, Ranga Reddy District by virtue of a Certificate of Ownership under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short ‘the Act’) under Proceedings No.LR/155/75, dated 29.08.1975 issued by a competent revenue authority. During his lifetime, the said Ramlal along with his brothers namely Sukhlal, Shivlal, Suraj and Papalal and all sons of deceased Sajjanlal appointed one Riyaz S/o.R.Kareem as their General Power of Attorney on 12.11.1990 vide registered Document No.3452 of 1990 and the said Riyaz is the natural son of respondent No.4.

The said Ramlal, who was the owner and possessor of the aforesaid lands, died on 13.10.1996. After the death of Ramlal, his brothers – Sukhlal, Shivlal, Suraj and Papalal and all sons of deceased Sajjanlal cancelled the registered Power of Attorney in favour of said Riyaz on 25.11.1997 under a registered instrument. Hence, the said Riyaz is ceased to be the power of attorney from the date of execution of the said cancellation deed.

After the death of Ramlal, the Mandal Revenue Officer granted succession in favour of 1st petitioner and others vide Proceedings in File No.D/1477/06 and as per the report of the Tahsildar, Rajendranagar in File No.D/815/2006, dated 08.04.2006, the petitioners were in possession of the aforesaid lands.

The said Riyaz, the then Power of Attorney, during the subsistence of the Power of Attorney developed the said lands into plots under a valid permit from HUDA vide Permit No.10132 in Letter No.10132/MP2/h/90, dated 06.10.1994 and as per the agreement, an extent of Ac.3.33 guntas was excluded from the said layout in Survey No.119 for the petitioners and the petitioners sold Ac.3.08 guntas in Survey No.119 to a company by name Agile Buildcon (India) Private Limited and remaining extent of Ac.0.25 guntas was lying