The burden of proving a benami transaction and the right to file a separate suit for mesne profits were the central legal principles established in the judgment.

JUDGMENT :

1. This appeal is directed against the judgment and decree dated 13.09.2019 passed in O.S.No.90 of 2015 on the file of the learned III Senior Civil Judge, City Civil Court at Secunderabad.

2. The suit O.S.No.90 of 2015 was filed by the plaintiff seeking recovery of possession, for mesne profits and for perpetual injunction. The trial Court after considering the entire oral and documentary evidence on record, decreed the suit directing the defendant to vacate and handover the physical possession of house bearing No.12-11-339/2, measuring 101 square yards, Warasiguda, Secunderabad, (hereinafter, ‘the suit schedule property’) and granted mesne profits at the rate of Rs.10,000/- per month from the date of filing suit to till the date of realisation and also granted perpetual injunction as sought for. Aggrieved by the said judgment and decree, the defendant preferred this Appeal.

3. Learned counsel for the appellant would contend that the suit is filed for recovery of possession without seeking for declaratory relief in respect of the title over the suit schedule property is not maintainable. He would further contend that the trial Court failed to consider that the title of the defendant over the suit schedule property was inherited through registered conveyance deed. He would also argue that the trial Court erred in admitting Ex.A1 without giving weightage to the evidence on record and the evidence of D.Ws.1 and 2 was not appreciated properly and held that the evidence of D.Ws.1 and 2 and Exs.B1 to B3 have no evidentiary value, therefore, he sought to set aside the judgment and decree.

4. For the sake of convenience, the parties hereinafter are referred to as arrayed in the suit.

5. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

6. The factual matrix of the case of the plaintiff is that he filed suit for recovery of possession and for mesne profits. It is his case that he is the absolute owner and possessor of the suit schedule property by virtue of registered sale deed bearing Document No.813 of 1983 and he purchased the same from Smt.Khajabi, W/o.Rajabali. He is having three elder brothers and five sisters. The amount was obtained from one Marwadi Seth and purchased the suit schedule property, for which his mother kept him as a servant for five years. After the purchase of the property, his mother died. He would submit that the defendant and her husband-N.Krishna were staying at Mallepalli and then shifted to Warasiguda and from there Khatedhan and when her husband fell ill with heart problem, he was admitted in Andhra Mahila Sabha Hospital, where he died in the year, 2003. The dead body of her husband was brought by the plaintiff to his house at Warasiguda and after performing funeral and other ceremonies, the defendant shifted her house from Khatedhan to Warasiguda and staying in the plaintiff’s house. After some time, the defendant started picking up quarrels everyday blaming the plaintiff on irrational grounds and as such, the matter was brought to the notice of the elders on 27.10.2007 where the defendant was advised to take another house. The defendant instead of obliging the advise of elders asked the plaintiff to stay somewhere and that she would stay in the very same suit schedule property by paying rent of Rs.500/-. The plaintiff unable to bear the harassment of the defendant, shifted his residence to Achaiah Nagar, Hyderabad, for a rent of Rs.2,000/- per month in the first week of December, 2007. The defendant was quite irregular in payment of rent from the last three years and threatening him and as such he got issued a legal notice on 25.10.2014 to her and a reply notice was given by her denying the title and payment of rents to the plaintiff. The suit schedule property fetches a rent of Rs.10,000/- per month and therefore, requested mesne profits @ Rs.10,000/- per month till realisation of the decree.

7. In the written statement filed by the defendan