THE HON’BLE SRI JUSTICE T.VINOD KUMAR C.R.P.No.2861 of 2022

O R D E R

This Civil Revision Petition is filed under Article 227 of the Constitution of India being aggrieved by the order, dt.20.10.2022 in IA.No.177 of 2022 in OS.No.102 of 2019 on the file of III Additional Junior Civil Judge-cum-X Additional Metropolitan Magistrate, Cyberabad at Medchal.

2. The Petitioner herein is the plaintiff in the above suit and petitioner in the underlying interlocutory application filed under Order VI Rule 17 of Civil Procedure Code (CPC). He filed the said suit against the respondent herein seeking declaration of title and recovery of possession of the suit schedule property.

3. The case of the petitioner, in brief, is that he is the absolute owner of house property i.e., Plot No.33 admeasuring 100 sq. yards in survey No.557 of Kistapur Village(ward), Weaker Section Colony, Medchal Municipality & Mandal, Medchal-Malkajgiri District, presently covered by asbestos sheet Roofing with house No.14-250/30/2.

4. It is the further case of the petitioner that the aforesaid plot of land was allotted to him by the Tahsildar, Medchal, vide assignment proceedings, dt.25.01.1990, and was put in possession of the same; and that in the month of January, 2015, he had migrated to Bhopal of Madhya Pradesh State for his livelihood and on returning back in December, 2018, he went to the subject property and found that the respondent/defendant is residing therein by building a room covered with asbestos cement sheet roofing.

5. It is the further case of the petitioner that on seeing that plot of land assigned/allotted in his favour being occupied by the respondent/defendant, he had approached his brother, with whom he had kept the original of Patta Certificate while proceeding to Bhopal in the year 2015, and after much persuasion with his brother, made available a xerox copy of the said certificate being; and thereafter, he got issued a legal notice to the respondent/defendant, who by reply notice claimed of having purchased the subject plot bearing No.33 and her name has been mutated in municipal records.

6. Petitioner further contends that on receipt of the aforesaid reply from the respondent/defendant, the petitioner had filed the subject suit for declaration and recovery of possession of 100 sq. yards of land assigned in his favour by the Tahsildar, Medchal, vide proceedings, dt.25.01.1990, under the belief that the said plot of land is plot No.33.

7. Petitioner further contends that subsequently on the respondent/defendant filing the written statement claiming of she having got the subject property under a Will Deed, dt.24.12.2007, executed by her father-in-law namely Pallapu Yadagiri, S/o late P.Narsimha, bequeathing the property admeasuring 100 sq. yards along with a constructed house with Asbestos Sheets Roof on open Plot No.28, the petitioner had learnt the plot being claimed by him in the subject suit is plot No.28 and not 33 and that he was mislead by his brother in collusion with the respondent/defendant herein.

8. Petitioner further contends that thereafter also he had made enquiries by approaching the concerned authorities including the Telangana State Housing Corporation, which also showed that beneficiary of plot No.33 is one Sri Chinna Salgari Ramulu, S/o Sayulu and not the petitioner herein.

9. Petitioner, thus, contends that since, the petitioner had filed the subject suit claiming to be the owner of plot No.33, on a bona fide belief based on the xerox copy of the Patta Certificate furnished by his brother, he had filed the underlying interlocutory application under Order VI Rule 17 CPC seeking to amend the plaint in para 1 & plaint schedule by deleting plot No.33 and in its place mentioning plot No.28.

10. It is the further case of the petitioner that except the change of plot number, he did not seek amendment of any of the plaint averments nor the boundaries in respect of which, he had filed the subject suit for declaration and recovery of posses