IMPORTANT POINT
The court established that registered sale deeds are essential for conveying title to immovable property, and mere revenue records do not confer ownership.

JUDGMENT:

(M.G. Priyadarsini, J.) :

Aggrieved by the judgment and decree dated 15.06.2020 in O.S.No.1062 of 2013 (hereinafter will be referred as ‘impugned judgment’) passed by the learned VIII Additional District Judge, Ranga Reddy District at L.B.Nagar (hereinafter will be referred as ‘trial Court’), the plaintiff preferred the present appeal to set aside the impugned judgment.

2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.

3. The brief facts of the case, which necessitated the appellant to file the present appeal are that, the plaintiff filed suit for declaration, cancellation of documents and for delivery of peaceful and physical possession in respect of suit schedule property against the defendant Nos.1 to 3. The averments of the plaint in brief are as under:

a) The father of the plaintiff by name Darga Malla Reddy was the absolute owner and possessor of land in Sy. No. 38, 39, 43, 44, 153 and 154 situated at Peerzadiguda village, Ghatkesar Mandal, Ranga Reddy District. That said Darga Malla Reddy was having five sons namely Darga Ram Reddy, Darga Narayana Reddy/plaintiff, Darga Gopal Reddy, Darga Narsimha Reddy and Darga Satti Reddy. During the life time, late Darga Malla Reddy executed affidavit/declaration dated 17.09.1979 by declaring the above said properties in favour of his five sons equally with every right of conveyance, cultivation and enjoyment and further he has no right, claim or interest over the said properties. Thereafter plaintiff got mutated his share of land in his name and he was issued Pattedar passbooks and title deeds vide Patta No. 75, Book No. Z129433 and Title deed No. 72, Book No.Z181143 in respect of land in Sy. Nos. 38 admeasuring A: 0-07 guntas Sy. No. 39 admeasuring Ac 3-18 guntas and Sy. No. 43/AA admeasuring Ac 1-20 guntas total admeasuring Ac 5-05 guntas by paying necessary taxes to the revenue authorities.

b) Thereafter the plaintiff has converted the land admeasuring Ac 1-10 guntas in Sy. Nos. 39 and 43 into house sites in the total plotted area 4800 square yards in total 6040 square yards and obtained layout permission from Peerzadiguda Grampanchayat and sold out some of the plots to the prospective purchasers and retained some of the plots including the plot No. 49 admeasuring 190 square yards in Sy. No. 39 and 43 i.e., the Suit Schedule Property. While the matter stood thus defendant No. 3 with a malafide intention has filed a suit for perpetual injunction vide O.S. No. 1231/2008 on the file of Principal Junior Civil Judge, Ranga Reddy District wherein he stated that he is in peaceful possession and enjoyment of the Suit Schedule Property which he alleged to have purchased from defendant No.2 vide registered Sale Deed bearing document No. 2619/1994 date 18.04.1994 and in turn defendant No.2 has purchased the same from defendant No.1 through registered Sale Deed bearing document No.5193/1991 dated 12.08.1991, who in turn purchased the said property i.e., Suit Schedule Property from the father of the plaintiff through registered Sale Deed bearing document No.4354/1983 dated 24.11.1983. The plaintiff contested the matter by filing his written statement by denying the alienation by his father and other subsequent documents and the said suit was decreed exparte against the plaintiff herein who filed a set aside petition and the same is pending.

c) The father of the plaintiff divided his property amongst his five sons way back in the year 1979 and plaintiff got mutated his share in the revenue records as such the question of alienation of Suit Schedule Property in favour of defendant No.1 by the father of the plaintiff does not arise and as on the alleged date of document bearing No. 4354/1983 dated 24.11.1983 the entire Sy. Nos. 39 and 43 was an agricultural land the plaintiff himself converted the said land into house sites by obtaining the layout plan from the Grampanchayat Peerzadiguda and that defendants have create