ORDER:

This Civil Revision Petition is filed by the petitioner – defendant aggrieved by the order in I.A.No.302 of 2022 in O.S.No.153 of 2022 dated

03.08.2022 by the Principal Junior Civil Judge, Kodad.

2. The parties are herein after referred as arrayed before the trial court.

3. The plaintiff filed a suit to declare the registered sale deed executed by him in favour of the defendant vide Document No.6539 of 2016 dated 14.10.2016 as void on the ground of fraud played by the defendant and to grant permanent injunction restraining the defendant from alienating the schedule property and to grant damages of Rs.3.00 lakhs payable by the defendant for the damage caused to his property by dismantling the existing structures in the plaint schedule land. The plaintiff contended that he was the absolute owner and possessor of the schedule house site situated in Kodad Gram Panchayat limits in Survey No.748, Block No.4, Plot No.9 in an extent of 283 square yards. The same was purchased by him vide document dated 1230 of 2004 dated 07.05.2004. After purchase of the property, he approached the Gram Panchayat seeking permission for construction of the house. The Gram Panchayat issued permission. Thereafter, he constructed tin sheds in the plaint schedule property and leased out the same for needy people on month to month tenancy.

3.1. The plaintiff further submitted that the defendant was none other than the wife of his younger brother. His younger brother i.e. the husband of the defendant was employed and residing at USA. The defendant intended to go to her husband and approached the plaintiff and requested him to execute a sale deed in respect of the suit schedule property in her favour so as to obtain loan by pledging the same to the bank to facilitate her journey to USA to meet her husband. The plaintiff believing her version, consented to the execution of registered sale deed in her favour vide Document No.6539 of 2016 dated 14.10.2016 registered at SRO Kodad. The defendant before execution of the registered sale deed made the plaintiff to believe that after her return from USA, she would rescind the said sale deed and entitle the plaintiff as owner thereof to the said property. The defendant cleverly drafted the sale deed omitting the construction made in the vacant house site situated therein to avoid the stamp duty pertaining to the house. The plaintiff bonafidely believing and reposing faith and confidence in the defendant, signed the sale deed as executant and vendor. There was no necessity for him to sell the property except to facilitate the need of the defendant. He subsequently came to know that the defendant did not obtain any loan from any bank by pledging the registered sale deed but left to the USA and stayed there for some time and returned in the month of July, 2018. After her return, the plaintiff now and then demanded the defendant to rescind the said registered sale deed in his favour. She promised to do so, but avoided to comply the said demand of the plaintiff on one pretext or other.

3.2. The plaintiff further submitted that on 16.06.2022, when the plaintiff was absent, the defendant came upon the plaint schedule land with JCB along with 10 unknown persons and demolished the structures in the plaint schedule land. The act of demolition of the house by the defendant caused loss to an amount of Rs.3.00 lakhs. The defendant had demolished the property only with a malafide intention to equate the property as recited under the registered sale deed in her favour. Having come to know about the said demolition of the house by the defendant, the plaintiff reported to Kodad Town Police, but they failed to register the case. As such, the plaintiff sent a complaint through registered post with acknowledgment due to the Deputy Superintendent of Police, Kodad and the Superintendent of Police, Suryapet. The plaintiff learnt that the defendant after demolition of the house intended to sell the same to others showing it as a vacant lan