IMPORTANT POINT
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.

JUDGMENT :

This second appeal is filed aggrieved against the Judgment and decree dated 24-11-2011 in A.S.No.21 of 2008 on the file of the Senior Civil Judge, Pithapuram, East Godavari District, confirming the Judgment and decree dated 06-8-2008 in O.S.No.3 of 2001 on the file of the Junior Civil Judge, Pithapuram.

2. The appellant herein is the plaintiff and the respondent herein is the defendant in O.S.No.3 of 2001 on the file of the Junior Civil Judge, Pithapuram.

3. The plaintiff initiated action in O.S.No.3 of 2001 on the file of the Junior Civil Judge, Pithapuram, with a prayer to grant permanent injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the plaint schedule property and for costs of the suit.

4. The learned Junior Civil Judge, Pithapuram, dismissed the suit without costs. Felt aggrieved of the same, the unsuccessful plaintiff in the above said suit filed the aforesaid appeal before the first appellate Court. The learned Senior Civil Judge, Pithapuram, dismissed the first appeal by confirming the judgment and decree passed by the trial Court. Aggrieved thereby, the unsuccessful plaintiff/appellant approached this Court by way of second appeal.

5. For the sake of convenience, both parties in the appeal will be referred to as they are arrayed in the original suit.

6. The case of the plaintiff, in brief, as set out in the plaint averments in O.S.No.3 of 2001, is as follows:

The plaint schedule property is the ancestral property of the plaintiff fell to his share, since then he is enjoying the same with absolute rights. His right also recognized by the Revenue authorities for the land in existence of Ac.1-33 cents of land in Survey No.59/5 while enjoying the same, the plaintiff mortgaged the said property in Primary Agricultural Cooperative Society, P. Rayavaram, in the year 1996. Subsequently, on 07-7-2000, an extent of Ac.0-70 cents of land was sold by the plaintiff to one Karedla Chandra Rao under a registered sale deed, the remaining extent shown in the plaint schedule is in exclusive possession and enjoyment of the plaintiff. He is paying land revenue to the said land including 1409 fasli. The defendant tried to trespass into the plaint schedule property without any manner of right. The defendant bore grudge against the plaintiff since the plaintiff obtained interim injunction in another suit filed against the defendant. The defendant is no other than the plaintiff’s elder brother. Plaintiff is not having any other way, except to present the said suit to restrain the brutal force of the defendant. Hence, the present suit is filed.

7. The defendant filed written statement denying the contents of plaint averments and further contended as follows:

The defendant admitted his relationship with the plaintiff. He further stated that he is not aware that the plaintiff mortgaged the above said land to Primary Agricultural Cooperative Society, P. Rayavaram, in 1996. The pass books etc., under mortgage are make believe transactions and they got fabricated with the connivance and collusion of the Revenue officials. The Revenue authorities carelessly and recklessly issued pass books to the properties that are not entitled to those properties. They cannot be taken cognizance in the face of clear documents of title, tax receipts and other. The defendant came to know that the plaintiff, with a view to grab the property of the defendant, executed a sale deed dated 07-7-2000 in favour of Karedla Chandra Rao. The plaintiff is entitled to the northern Ac.0-66½ cents of land alone. The title deed of the plaintiff is a registered settlement deed dated 29-5-1974 which is executed by the grandfather of plaintiff and defendant, by name Kurakula Vasantha Rayudu, in favour of the plaintiff for Ac.0-66½ cents of land on the north, during his minority represented by his brother Kurakula Gangadhara Rama Rao. Item No.1 of the said settlement deed is Ac.0-66½ cents of land on the north. The southern bound