IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
NOOTY RAMAMOHANA RAO, J.
P. Prakash – Petitioner
Versus
Poosa Muthyalu & Others – Respondent
Civil Revision Petition No. 1299 of 2015
Decided on : 25-06-2015
Constitution of India – Civil Law - Suit filed for partition and separate possession - – Revision is preferred calling in question the legality of the order passed, by the XI Additional District Judge dismissing the said petition petitioner herein is the plaintiff in the suit filed for partition and separate possession of the suit ‘A’ schedule land admeasuring guntas lying in of suit was initially thereto six defendants and two others got as defendants. filed by them for was in fact dismissed. Against the order of dismissal, Sri P. Krishna and two others carried the matter by way of revision to this Court which was allowed by this Court impleading them as defendants 11 to 13, as in the meantime and others filed I.A.No.291 of 2014 to implead them as defendants and that I.A. was allowed impleading them as defendants 7 to 10 in the suit –Held When we apply these legal principles to the present fact scenario, it clearly emerges that, in a suit for partition, the plaintiff as well as the defendants nave similar rights in the suit schedule properties. But however, the cause relating to declaration of a sale deed as null and void is entirely a different cause of action. This apart, in the intended paragraph 12-A what the petitioner/plaintiff is seeking is to declare a sale deed which is registered as null and void and not binding on the: plaintiff. By the time I.A.No.781/2014 is moved nearly 45 years time has elapsed from the date of that sale transaction. By no stretch of imagination, the rights that have accrued and crystallized in favour of a purchaser of such a sale deed cannot be annulled after such lapse of time. Similarly, in paragraph 12-B, what the plaintiff intended was to annul a sale deed executed and registered after 15 years time has elapsed by. Therefore, the principle no.6 culled out in case and B.K. Narayana Pillai’s case is clearly attracted to the present case. The present relief which the petitioner/plaintiff seeks to claim is based upon a totally different cause of action and a new set of facts which have no commonality with those pleaded in the original plaint are sought to be introduced – Revision is dismissed.
This revision is preferred calling in question the legality of the order passed on 20.12.2014 in I.A.No.781 of 2014 in O.S.No.26 of 2006, by the XI Additional District Judge, Ranga Reddy District, dismissing the said petition.
The petitioner herein is the plaintiff in the suit filed for partition and separate possession of the suit ‘A’ schedule land admeasuring Ac.12.08 guntas lying in Sy.No.258 of Manikonda Village, Rajendranagar Mandal, Ranga Reddy District. The suit was initially filed impleading thereto six defendants. Thereafter, Sri P. Krishna and two others got impleaded as defendants. I.A.No.505 of 2012 filed by them for impleadment was in fact dismissed on 17.02.2014. Against the order of dismissal, Sri P. Krishna and two others carried the matter by way of revision to this Court in C.R.P.No.335 of 2014 which was allowed by this Court impleading them as defendants 11 to 13, as in the meantime Smt. P. Sobha Rani and others filed I.A.No.291 of 2014 to implead them as defendants and that I.A. was allowed on 18.07.2014 impleading them as defendants 7 to 10 in the suit.
It is the case of the petitioner herein that the defendants 11 to 13 filed their written statement on 17.10.2014 bringing out therein that they purchased land of an extent of Ac.6-04 guntas in Sy.No.258 of Manikonda Village out of Ac.12-08 guntas, the suit ‘A’ schedule land. It is the case of the petitioner that, only from the contents of this written statement, he had come to know of the said sale transaction and the purchase of land of Ac.6.04 guntas by the defendants 11 to 13. Neither the 6th defendant, nor the defendants 11 to 13 enclosed any such sale deed to the written statement filed by them respectively. Hence, the petitioner moved I.A.No.781 of 2014 under Order VI Rule 17 C.P.C, seeking amendment of pleadings for declaring the alleged sale deeds as null and void and not binding on the petitioner. That amendment application has been resisted by defendants 11 to 13 in the suit on various grounds. It is principally contended that the nature of the suit gets completely altered and that an independent suit for declaration of the sale deeds as null and void is barred by limitation by 12.11.2014, the date on which the amendment application is moved. The learned XI Additional District Judge, Ranga Reddy by his order dated 20.12.2014 dismissed the interlocutory application. Hence, this revision.
Heard Sri N.Ranga Rao, learned counsel for the petitioner/plaintiff and Sri D. Gnaneshwar Naidu for the respondents/ defendants 11 to 13.
It is appropriate to notice that the petitioner has proposed to insert the following two paragraphs in the body of the plaint as paragraphs 12-A and 12-B and also two prayers:
“12A.That the alleged sale deed bearing Doc.No.761/1969 dated 17-12-1969 to be executed by Defendant No.1 in favour of father of Defendants 11 to 13 for an extent of Ac.6-04 gts out of Ac.12-08 guntas in Sy.No.258, situated at Manikonda Village, Rajendranagar Mandal, Ranga Reddy district to be declared as null and void and not binding on the plaintiff.
“12B. That the another alleged registered Sale deed Doc.No.5851/99 dated 01-09-1999 said to be executed by Defendant No.1 & 3 in favour of Defendant No.6 for an extent of Ac.1-00 gts Sy.No.258, situated at Manikonda Village, Rajendranagar Mandal, Ranga Reddy district to be declared as null and void and not binding on the plaintiff.
Prayers:
“a-1). To declare the registered sale deed bearing Doc.No.761/1969 dated 17-12-1969 said to be executed by Defendant No.1 in favour of father of Defendants 11 to 13 for an extent of Ac.6-04 gts out of Ac.12-08 guntas in Sy.No.258, situated at Manikonda Village, Rajendranagar Mandal, Ranga Reddy district to be declared as null and void and not binding on the plaintiff.
“a-2). To declare the registered Sale deed Doc.No.5851/99 dated 01-09-1999 said to be executed by Defendant No.1 & 3 in favour of Defendant No.6 for an extent of Ac.1-00 gts Sy.No.258, situated at Manikonda
A.K. Gupta & Songs Limited v. Damodar Vally Corporation (AIR 1967 SC 96)
B.K. Narayana Pillai vs. Parameswaran Pillai and another ((2000) 1 SCC 712)
Charan Das v. Amir Khan 47 Ind App 255: AIR 1921 PC 50
L.J. Leach and Company Ltd v. Jardine Skinner and Company: 1957 SCR 438: AIR 1957 SC 357
Pirgonda Hongonda Patil v. Kalgonda Shidgonda: 1957 SCR 595 (603) : AIR 1957 SC 363
Revajeetu Builders and Developers vs. Narayanaswamy and Sons and ors ((2009) 10 SCC 84)
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