ORDER:

This Civil Revision Petition is filed against the order dated 21.12.2021 passed in I.A.No.1811/2019 in O.S.No.1808/2019 by the learned IX Additional Senior Civil Judge at L.B.Nagar, Ranga Reddy District, wherein the revision petitioners filed petition under Order VII Rule 11(d) read with section 151 CPC, praying this court to reject the plaint in O.S.No.1808 of 2019.

2. The suit in O.S.No.1808 of 2019 is filed by the respondents seeking relief of Declaration of Title and Recovery of Possession of suit schedule property from petitioners. The suit property was allotted by patta certificate No.E67332/78, dated 18.11.1980, in favour of respondents. Subsequently, 1st respondent sold out the suit property by executing registered General Power of Attorney vide document No.504/1993, dated 04.06.1993 in favour of mother of 1st petitioner and delivered peaceful physical possession of the same. Since the date of the purchase petitioner’s mother was in possession and she developed suit property by constructing residential dwelling units and has let out the same. Later, the petitioner’s mother executed a gift settlement deed vide document No.5787 of 2006, dated 17.3.2006 in favour of 1st petitioner. The respondents jointly filed civil suit vide O.S.No.2715 of 2006 against 2nd petitioner for perpetual injunction over suit property. The said suit was dismissed. Under the said facts and circumstances, the question of Declaration of Title or Recovery of Possession does not arise. After disposal of the suit in O.S.No.2715 of 2006, the respondents with malafide intention for unlawful gains, with unclean hands approached before the trial Court by filing the said suit, which is barred by law and not maintainable, as such the plaint is liable to be rejected. Further suit is also not maintainable as per provisions of sections 5, 6 and 34 of Specific Relief Act, as it is not the case of respondents that they were dispossessed by illegal methods from suit property. Therefore, the respondents have no right to file present suit for Declaration of Title and Recovery of Possession. Hence, requested the Court below to reject the plaint.

3. The respondents therein filed counter stating that the 1st respondent was assigned the suit property by the Government by granting patta certificates No.E6/7332/78, dated 18.11.1980, later it was developed by him by constructing two rooms with RCC roof and the respondent is paying municipal taxes, water bill and electricity bills. He executed a Registered Gift Settlement Deed on 10.03.2006 in favour of 2nd respondent, who is his wife. The assignee under D Form Patta has no right of alienation of the allotted land. The General Power of Attorney vide document No.504/1993, dated 04.06.1993 executed in favour of mother of 1st petitioner is without any right and not valid under law. The mother of 1st petitioner by taking advantage of illegal General Power of Attorney, executed a Gift Settlement Deed in favour of 1st petitioner vide document No.5787 of 2006, dated 17.03.2006. Then the 1st respondent cancelled the General Power of Attorney executed in favour of mother of 1st petitioner. Therefore the Gift Deed executed by her in favour of 1st petitioner is null and void. As per the Revenue and Municipal records, the name of 1st respondent is shown as owner and possessor of the suit property, as such the respondents are entitled for the Declaration of Title and Recovery of Possession of the suit property. The suit is not barred by any law is maintainable. The suit for Perpetual Injunction in O.S.No.2715 of 2006 was dismissed, as such suit for Declaration is filed and it is not contrary to any of the provisions of Specific Relief Act.

4. Heard Sri Gadi Praveen Kumar, learned counsel for the petitioners and Sri S.Jagadish, learned counsel for the respondents.

5. After hearing both sides and on perusal of petition and counter, the trial Court dismissed the petition. Against the same, the present revision is filed.

6. Learned co