HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY COMMON JUDGMENT:

The parties and the subject matter of the property involved in both these Second Appeals are one and the same and hence, they are heard together and disposed of by this common judgment.

2. Second Appeal No.479 of 2023 is filed questioning the judgment and decree, dated 13.09.2023, passed by Principal District Judge, Hanumakonda in AS.No.194 of 2022.

2.1. Second Appeal No.481 of 2023 is filed questioning the judgment and decree, dated 13.09.2023, passed by Principal District Judge, Hanumakonda in AS.No.193 of 2022.

3. The said A.S.Nos.193 and 194 of 2022 were dismissed by the first Appellate Court by common judgment, dated 13.09.2023, whereby the judgment and decree dated 12.07.2018 passed by the VII Additional Junior Civil Judge, Warangal, in O.S.No.1173 of 2009, dismissing the said suit and allowing the counter-claim filed by the defendants, was confirmed.

4. The appellant is the plaintiff and the respondents are the defendants in the suit. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

5. The factual matrix of the case, in brief, shorn off unnecessary details, as narrated in the plaint, which led to filing of the Second Appeals are that One Thumma Showreddy was pattedar, owner and possessor of land in Survey No.25/A of Kazipet Jagir. The suit schedule property of 266 square yards is part and parcel of the said survey number. The said Showreddy sold the suit property to one Surender Suksena under a registered sale deed of 1981 and delivered possession. The said Surender Suksena sold the same in favour of Nidadavolu Rama Krishna through a registered sale deed of 1982 for valuable sale consideration and delivered possession of the land. The said Rama Krishna sold the same in favour of father of plaintiff by name Mohd Rafiuddin under an agreement of sale dated 19.09.1988, notarized in the office of one V.Rajeshwar Rao, for valid sale consideration and delivered possession of the land. The said agreement of sale was impounded with Registrar of Warangal and Collector under Indian Stamp Act on 30.06.2003 giving authentication to the said document.

5.1. It was further stated that the father of plaintiff died leaving behind him, his son-the plaintiff and his wife-Zubeda Begum as legal heirs and successors of his estate. After death of father of the plaintiff, the mother of plaintiff being the next elder member gifted the suit property to the plaintiff under the gift deed dated 15.09.2009. Since then, the plaintiff has been in possession and enjoyment of the suit schedule property without any interruption from anybody. The plaintiff resisted the acts of the defendants when they tried to interfere with his possession without any right. On 16.12.2009, when the plaintiff was levelling the suit property, the defendants along with about 15 anti-social elements came to the suit property and tried to dispossess the plaintiff and threatened him with dire consequences posing danger to his life and property. In this connection, the plaintiff lodged a report to police Kazipet, but Police did not register any case. Hence, the suit for perpetual injunction in respect of the suit schedule property.

6. The first defendant filed written statement denying the averments made in the plaint and she also made a counter-claim for the relief of injunction. She inter alia contended that she is the owner of plot No.262 which is part and parcel of land in Sy.No.25/A of Kazipet Jagir of Warangal District, having purchased the same under the registered sale deed bearing document No.5445/2005 dated 04.06.2005 from one Thumma Rojamma and others, who are legal heirs of Thumma Showreddy- the original pattedar of above said survey number and since then, she has been in possession and enjoyment of land purchased by her. It was further stated that the said Rojamma and others have executed a registered General Power of Attorney in favour of one Thumma Papireddy, S/o Showre