IMPORTANT POINT
Unregistered sale deeds do not convey title to immovable property; valid transfer requires registration under the Transfer of Property Act.

JUDGMENT :

M.G. Priyadarsini, J.

Heard Sri Ch. Janardhan, learned counsel appearing for the appellants/defendants in C.C.C.A. No.157 of 2015, Sri H. Sudhakar, learned counsel appearing for the appellants/defendants in C.C.C.A.No.26 of 2015 and Sri A. Venkatesh, learned Senior Counsel representing Sri Mohd. Nawaz Hyder Ali, leaned counsel for the respondents/plaintiff in both the Appeals.

2. Aggrieved by the Judgment and Decree dated 04.12.2014 passed in O.S.No.464 of 2009 on the file of learned XXIV Additional Chief Judge, City Civil Court at Hyderabad, the defendant No.2 and defendant Nos.3 and 4 have filed the present Appeals respectively.

3. It is to be noted that the sole plaintiff in O.S.No.464 of 2009 filed the said suit against defendant Nos.1 to 4 for declaration of title, recovery of possession with mesne profits and declaration of unregistered sale deed dated 16.02.1998 as null and void. On the other hand, the defendant Nos. 3 and 4 in O.S.No.464 of 2009 filed O.S.No.54 of 2011 against the plaintiff, defendant Nos.2, 1 in O.S.No.464 of 2009 and another for the relief of perpetual injunction in respect of same suit schedule property in O.S.No.464 of 2009. Since the suit schedule property and the dispute between the parties are one and the same, the Trial Court has passed Common Judgment dated 04.12.2014 in O.S.No.464 of 2009 and O.S.No.54 of 2011. However, the present Appeals are filed by the defendant Nos.2 to 4 in O.S.No.464 of 2009 only to the extent of setting aside the Judgment and Decree dated 04.12.2014 passed in O.S.No.464 of 2009. Thus, we are concerned only with the pleadings and issues in respect of O.S. No.464 of 2009 only.

4. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the Trial Court in O.S.No.464 of 2009.

5. The plaint averments of O.S.No.464 of 2009 in brief are as under:

a) The plaintiff having purchased an extent of Ac.0.05.06 guntas of land equivalent to 612.6 square yards in Sy.No.2 of Bhakthwarguda, Hakeempet (Now Nizam Colony), Tolichowki i.e., the suit schedule property under registered sale deed bearing document No.2853/1989 dated 18.12.1989 made constructions over the said plot. The municipal authorities have assessed the property tax and assigned Municipal No.9-4-62/98 and 9-4-62/99.

b) Since the plaintiff is a citizen of United States of America holding an Overseas Citizen of India Card, he used to pay property tax by post to the municipal authorities. Since the plaintiff is having cordial relationship with his elder brother, he kept his sale deed dated 18.12.1989 and other relevant documents with his elder brother Mohammed Mahmood Khan. c) On demand of some amount by his brother, the plaintiff issued an Account Payee Cheque bearing No.617156 for Rs.20,000/- drawn on Indian Overseas Bank, Hyderabad. The plaintiff came to know that the said cheque was taken by defendant No.1, who is son of his brother by name Mohammed Mahmood Khan but he could not encash the same as it was an account payee cheque. Defendant No.1 did not return the said cheque. On account of this transaction, misunderstandings developed between the plaintiff and his brother and thereby plaintiff took all the original papers from his brother.

d) In the month of November, 2008 the plaintiff came to India with an intention to settle down in India and leveled the suit schedule property with the help of labourers to construct a house. On 27.12.2008 defendant No.1 and a person by name Mirza Rafeeq Bai trespassed into the suit schedule property and damaged part of compound wall, gate and demanded to extort an amount of Rs.3 lakhs from the plaintiff illegally and threatened to dispossess. Thus, the plaintiff filed O.S.No.4729/2008 on the file of learned VII Junior Civil Judge, City Civil Court, Hyderabad against defendant No.1 and another for perpetual injunction in respect of suit schedule property and the plaintiff was granted interim injunction orders on 29.12.2008, which was extended from