JUDGMENT:

This second appeal is directed against the judgment and decree dated 26.12.2015 in A.S.No.227 of 2014, on the file of the VIII-Additional District Judge, Ranga Reddy District at L.B.Nagar, wherein the said appeal filed by respondent No.1 herein (plaintiff), was allowed, setting aside the judgment and decree dated 17.02.2014 in O.S.No.247 of 2004, on the file of the Principal Senior Civil Judge, Ranga Reddy District at L.B.Nagar and consequently allowing the said suit filed by respondent No.1 herein.

2. Heard learned counsel for the appellant/defendant No.2 and learned counsel for the respondent No.1/plaintiff. Perused the record.

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

4. The plaintiff viz., M/s Sreelakshmi Apartments Residents Welfare Association filed the suit against respondent No.2/

defendant No.1 and appellant/defendant No.2 for cancellation of the registered sale deeds bearing document Nos.5850 and 5851 of 2003 dated 01.10.2003 and for perpetual injunction restraining the defendants from alienating the suit schedule property. According to the plaintiff, the welfare society residents are occupants and possessors and owners of their respective flats and they have been in enjoyment and peaceful possession of the same. Defendant No.1, the GPA holder representing the original owner, is empowered to sell the open land being an extent of 355.55 square yards. The plaintiff society members purchased the open plot from defendant No.1 during the year 1993 by way of sale deed. Subsequently, the members constructed flats with their hard earned money in the total area admeasuring 355.55 sq. yards, after obtaining approval from the statutory authorities. While the matters stood thus, defendant No.1 sold the schedule properties to defendant No.2 vide sale deed bearing document Nos.5850 & 5851 of 2003 dated 01.10.2003 after lapse of 10 years for which defendant No.2 gave post dated cheques towards sale consideration to defendant No.1. It is pleaded by the plaintiff that the said sale transactions are fabricated and there is no such property available for sale. Defendant No.1 sold the parking place, by showing it as shop and also open terrace rights to defendant No.1 without any right. The defendants are trying to sell the schedule property again to prospective purchasers and thereby trying to deprive the common rights of the plaintiff. Defendant No.1 misused the GPA and sold the property to defendant No.2 and defendant No.1 had no right to alienate the open terrace rights to defendant No.2. On 14.02.2004, defendant No.2 came to the schedule property by bringing purchasers. On the intervention of society members, defendant No.1 left the place.

5. Defendant No.1 was set ex parte. Defendant No.2 filed written statement contending that that the plaintiff has not filed authorization to file the suit on behalf of the association. One Smt. A.Vidhya Rani is the GPA holder of defendant No.1, who is the original owner of the open plot an extent of 355.55 sq. yards. The plaintiff members purchased 60 sq.yds undivided share from 355.55 sq. yards under document No.1553/93 dated 08.04.1993 from the said GPA holder A.Vidya Rani.

The defendants further contended that originally the open land in plot Nos.540, 543, in Sy.Nos.870, 871, 872 of Malkajgiri was owned by Sri B.R.Reddy and others and they sold the same to P.S.Nair under registered sale deed. The said P.S.Nair, in turn, sold an extent of 155 sq.yds to M.H.Bhathena and the remaining extent of 200 sq. yards to Keki D.Sarkari. The owner of the building obtained permission from Municipality Malkajgiri and HUDA and thereafter they executed irrecoverable GPA in favour of A.Vidhya Rani and she sold away 60 sq. yards each undivided share to Smt. Kavitha, V.S.Prasad, Srinivas Rao, and further sold 52 sq. yards to Smt. Sunanda Gore and 32 sq. yards to Nageswara Rao and an extent of 20 sq. yards to Smt.Shashi, totaling an extent of 284 sq. yards