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2018 Supreme(AP) 402

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
D.V.S.S. SOMAYAJULU, J.
Silver Jublee Club - Petitioner
Versus
The State of Telangana and others. - Respondents
AS No.176 of 1995
Decided On : 07-09-2018

Advocates Appeared:
For the Petitioners: Sri K. Mahipathi Rao.
For the Respondents: Sri C. Nageswara Rao.

Headnote:

Andhra Pradesh (Telangana Area) Pubic Societies Registration Act – Dismissal of suit filed claiming a declaration of title and perpetual injunction restraining the defendants from interfering with the plaintiff’s possession – Held, Plaintiff did not seek a relief of correction of the alleged wrong entries in the revenue records – Plaintiff-club has failed to prove its title and possession to the property – No clarity about the actual identity of the property on the ground – No merits in appeal hence dismissed

Facts of the Case;

Dismissal of suit filed claiming a declaration of title and perpetual injunction restraining the defendants from interfering with the plaintiff’s possession.

Finding of Court:

Plaintiff did not seek a relief of correction of the alleged wrong entries in the revenue records – Plaintiff-club has failed to prove its title and possession to the property – No clarity about the actual identity of the property on the ground.

Result: Appeal dismissed

JUDGMENT :

1. This appeal is filed by the plaintiff against the judgment and decree dated 21.11.1994 passed by the Sub-ordinate Judge, Nalgonda in OS No.62 of 1988.

2. For the sake of convenience, as this is a first appeal, the parties are referred to as in the suit only viz., ‘plaintiff’ and defendants’.

3. The suit is filed by the Silver Jubilee Club, Deverkonda, which is a society registered under the Andhra Pradesh (Telangana Area) Pubic Societies Registration Act, vide registration No.851 of 1974. It is filed against the State of Andhra Pradesh, the Mandal Revenue Officer, Deverkonda Mandal and 17 other private parties, claiming a declaration of title and perpetual injunction restraining the defendants from interfering with the plaintiff’s possession and property viz., the land and the house bearing No.12-205, 12-206 and 12-207 situated in Survey Nos.669 and 670 of Deverkonda Village and the refund of an amount of Rs.6,566.20 paise from the second defendant. These are the main reliefs claimed. The suit schedule property is described clearly as follows:

4. Silver Jubilee Club bearing house Nos.12-205, 12-206 and 12-207 with open place and compound covering survey Nos.669 and 670 measuring in all Ac.7.07 guntas of dry land situated in Devarkonda Village with the following boundaries:

East :

Sri Kodandarama Swamy Temple,

West :

Private house,

North :

Gram Panchayat Road,

South :

Jadcherla-Nalgonda PWD Road.

5. This is the specific property for which the relief of declaration and injunction is sought for. As far as the monetary claim is concerned, it is the case of the plaintiff-club that they have sold the standing trees to a third party and at that stage the Government interfered and claimed that the property is Government property and therefore the amount was paid to the Government by the auction purchaser. The refund of this amount is now sought for.

6. The case of the plaintiff-club is that the property was purchased by them in the year 1935 from one Gajula Sarabayya under Ex.A.1-sale deed and the club has been in possession and enjoyment of the suit schedule property. They state that the Government wrongly mutated the land on which the club is situated in Jamabandi in 1977-78 as kharij khata land. The plaintiff-club has no notice of the alleged conversion. Therefore, the suit is filed for a declaration of title and for other reliefs.

7. On behalf of the State, the Mandal Revenue Officer, Devarkonda Mandal filed a written statement stating that the State is the absolute owner of the land and that the plaintiff-club has no right, title or interest over the property. While there is no clear pleading against the other private defendants, still the written statement of the third defendant was filed wherein he set up a title independently. Similarly, defendants 4 to 19 also filed a written statement wherein they set up independent title. They clearly dispute the title of the plaintiff-club. In paragraph-8 of the written statement filed by the defendants 4 to 19, it is clearly pleaded that the property relating to the registered sale deed is described as ‘Gollavanimanyam chelka’, whereas the property in which the suit land is situated in ‘Mondichinta chelka’. They also assert the other issues in detail in the written statement.

8. Based on the above pleadings, the following issues were framed by the lower Court:

1. Whether the suit is filed by a properly representing person?

2. Whether the plaintiff is the owner and possessor of the suit property in S.Nos.669 and 670 new and S.Nos.557 & 558 old of Deverkonda village?

3. Whether the suit is barred by the period of limitation?

4. Whether the suit property is properly valued and whether court fee paid is sufficient?

5. Whether the plaintiff is entitled to recover the auction amount of Rs.3,025/- with interest, as claimed from the defendants?

6. Whether the






























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