HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY, J
KATTA RAMA MURTHY – Appellant
Versus
TUNUGUNTLA SEETHA RAMA RAJU DIED – Respondent
CRP 1914/2022
| Table of Content |
|---|
| 1. background of the property dispute (Para 1 , 2 , 3 , 4) |
| 2. plaintiffs' contention on document relevance (Para 10) |
| 3. court's view on document admissibility (Para 11) |
| 4. ruling on the civil revision petition (Para 12) |
ORDER:
1. The present Civil Revision Petition is filed questioning the Order dated 27.07.2022 passed in I.A.No.273 of 2022 in O.S.No.188 of 2011 by the Judge, Family Court-cum-XII Additional District Judge, Guntur, Guntur District.
2. The brief facts so far:
The Petitioners herein are the Plaintiffs in the suit. The suit O.S.No.188 of 2011 was filed for declaration of title and for consequential relief of permanent injunction. The case of the Petitioners/Plaintiffs is that the suit schedule property was originally owned by the great grandfather of the Petitioner/Plaintiff by name Katta Venkatappaiah and his brother Katta Venkata Krishnaiah. The said Venkatappaiah had a son by name Katta Rangaiah i.e. grandfather of Petitioners/Plaintiffs, who had two sons viz., Peda Venkata Swamy i.e. father of the Plaintiff No.1 and Katta China Venkata Swamy. The father of the Plaintiff No.1 had died in the year 1961.
3. The schedule property is a part of the property belonging to the grandfather of the Plaintiff No.1 i.e. Katta Rangaiah and the said property was partitioned under a registered Partition Deed dated 01.07.1957 and in the said partition ‘A’ schedule property under that document was allotted to Katta Peda Venkata Swamy i.e. father of the Plaintiff No.1 and Katta China Venkata Swamy was allotted ‘B’ schedule property under the said document. Thereafter, the Petitioners/Plaintiffs had succeeded to the property.
4. It was also pleaded in the plaint that item No.2 of the plaint schedule property was mortgaged to the purchasers of the Defendants under a registered Mortgage Deed dated 22.06.1954. Though the amount due under the mortgage was discharged, the Defendants are claiming to be the owners of the schedule property. Certain suits, which have been filed by the Defendants against the other Defendants, were also mentioned in the plaint. The claim of the Plaintiffs was that they are the title owners of the schedule property as pleaded in the plaint.
Hence, the present suit was filed.
5. The Defendants filed their elaborate written statement disputing the claim of the Plaintiffs.
6. In the course of trial, P.Ws 1 to 7 were examined on behalf of the Plaintiffs and when the suit was posted for further evidence of Plaintiffs, the Petitioners/Plaintiffs filed I.A.No.173 of 2022 seeking to bring on record the following documents:-
| Sl.No. | Date | Description of documents | Remarks |
| 1. | 16.12.1898 | Certified copy of Sale Deed document No.3212/1898 executed by Kondapaturu Seethamma in favour of Katta Venkatappa and Katta Venkata Krishnamma regarding land Ac.2-49 cents in D.No.695 + Telugu typed copy. | |
| 2. | 01.07.1949 | Certified copy of Mortgage by conditional Sale Deed document No.2682/1949 executed by Katta Venkata Swamy etc. in favour of Thunuguntla Venkatappaiah regarding D.No.695/A, Ac.5-73 cents & D.No.613, 614, Ac.5-55 ½ cents total Ac.11-28 ½ cents + Telugu typed copy. | |
| 3. | 24.12.1952 | Certified copy of Possessory Mortgage Deed document No.3987/1952 executed by Katta Peda Venkata Swamy and others in favour of Thunuguntla Venkatappaiah regarding land D.No.697 A/2 total Ac.3.00 cents + Telugu typed copy. |
| 4. | 24.12.1952 | Certified copy of Lease Agreement document No.3988/1952 executed by Thunuguntla Venkatappaiah in favour of Koppala Kotaiah regarding land D.No.697-B, Ac.1-90 cents & D.No.697 A/2 total Ac.3.00 cents + Telugu typed copy. | |
| 5. | 18.08.2005 | Death Certificate of Katta Subbayamma i.e. the death on 02.06.1991. | |
| 6. | 23.03.2011 | Death Certificate of Budhireddy Durga Mohan Reddy i.e. the death on 19.02.2011. | |
| 7. | 29.10.2013 | Death Certificate of Katta Pattabhiramaiah i.e. death on 26.09.2013. | |
| 8. | 11.02.2020 | Death Certificate of Didugu Rama Koteswara Rao i.e. death on 25.01.2020. | |
| 9. | 27.08.1924 | Certified copy of Sale Deed document No.3679/1924 executed by Kurra Ramanna a | |
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