IMPORTANT POINT
In property disputes, the burden of proof lies on the plaintiff to establish title and possession, not merely to exploit the defendant's weaknesses.

JUDGMENT :

B.V.L.N. Chakravarthi, J.

Heard Sri O.Udaya Kumar, learned counsel for the appellant/plaintiff and Sri P.Ganga Rami Reddy, learned counsel for the respondent/defendant.

2. This appeal filed U/s.96 of Code of Civil Procedure, 1908 (hereinafter referred to as ‘C.P.C.’) by the unsuccessful plaintiff challenging the judgment and decree dated 03.09.2016 delivered in O.S.No.8/2007 on the file of IV Addl.District Judge, Chittoor District, at Tirupati.

3. For the sake of convenience, the parties are referred to as parties before the Trial Court.

4. The suit was filed to declare that the plaintiff is the absolute owner of the plaint ‘A’ and ‘B’ schedule properties, and for permanent injunction restraining the defendant, and her men from interfering with the possession and enjoyment of the plaintiff over the plaint schedule properties, and for costs of the suit.

5. (a) The case of the plaintiff is that the land in an extent of Ac.0-98 cents in S.No.86/2 of Tirupati belonged to Sr Chintam Setty Srinivasulu Setty; He had a son by name Sri Ankanna Setty and five daughters; They are 1) Sundaramma, 2) Venkataratnamma, 3) Kuppamma, 4) Kanthamma and 5) Savithramma; Sri Chintam Srinivasulu Setty executed a registered Will dated 24.01.1962 bequeathing his properties to his son and daughters; He bequeathed Ac.0-98 cents in S.No.86/2 of Tirupati to his daughters; Sri Chintam Srinivasulu Setty died 40 years ago; Therefore, his five daughters, who are the beneficiaries under the Will become owners; By 1995, Ac.0-29 cents, out of Ac.0-98 cents remained with the daughters; Smt.Sundaramma was no more; Her legal heirs got Ac.0-05 cents out of Ac.0.29 cents of the land; The other four sisters retained Ac.0-24 cents; Smt.Venkataratnamma and other three sisters alienated Ac.0-11 cents out of Ac.0-24 cents to the defendant under a registered sale deed dated 28.04.1995; They retained the remaining Ac.0-13 cents; The legal heirs of Smt.Sundaramma alienated Ac.0-05 cents to the defendant under a registered sale deed dated 31.07.1995; Thereby, the defendant became owner of Ac.0-16 cents in S.No.86/2 of Tirupati;

(b) The plaintiff purchased remaining Ac.0-13 cents of the land from Smt.Venkataratnamma and others under two registered sale deeds dated 19.12.2006 and 20.12.2006 respectively; The plaint ‘A’ and ‘B’ schedule properties are covered by the two sale deeds;

(c) On 03.02.2007 at about 11.00 a.m. the plaintiff getting the land levelled for construction; The defendant and her men tried to trespass into the suit schedule property i.e., ‘A’ and ‘B’ schedule properties; Hence, the plaintiff filed the suit for declaration of title over plaint ‘A’ and ‘B’ schedule properties, and permanent injunction restraining the defendant and her men, from interfering with the possession of the plaintiff.

6. The defendant filed written statement contending that she purchased Ac.0-11 cents vide registered sale deed dated 28.04.1995 from Smt.Venkataratnamma and her sisters; She also purchased Ac.0-05 cents from the legal heirs of Smt.Sundaramma vide registered sale deed dated 31.07.1995; thereby, the defendant became owner of Ac.0-16 cents in S.No.86/2 of Tirupati; The plaintiff purchased land running from east to west 105 feet length and north to south 20 feet width from Sri. A.Venkataramana Prasad and others; The vendors of the plaintiff had no title to sell the said land; The plaintiff and his vendors created the sale deed dated 20.12.2006 to grab the property of the defendant; Therefore, the plaintiff has no title to the suit schedule property.

7. The trial Court basing on the pleadings, settled the following issues for trial:

1. Whether the plaintiff is the owner of the plaint ‘A’ and ‘B’ schedule properties?

2. Whether the plaintiff is entitled for permanent injunction as prayed for?

3. To what relief?

8. Before the Trial Court, the plaintiff was examined as P.W-1, and another witness was examined as P.W-2. Five documents were marked as Exs.A-1 to A-5 respectively. Ex.A-1 i