THE HONOURABLE Dr. JUSTICE G.RADHA RANI CIVIL REVISION PETITION No.211 of 2022

ORDER:

This Civil Revision Petition is filed by the petitioner-defendant No.1 aggrieved by the order dated 30.11.2021 passed in I.A. No.471 of 2019 in O.S. No.13 of 2018 by the Principal Senior Civil Judge, Mahabubnagar, for dismissing the petition filed by him for rejecting the plaint under Order VII Rule 11 of CPC.

2. The respondent No.1 is the plaintiff and the respondent No.2 is the defendant No.2.

3. The plaintiff filed the suit against defendant Nos.1 and 2 to declare the registered sale deed documents No.419 of 2011 and 420 of 2011 dated 13.01.2011 executed by the plaintiff in favour of defendant No.1 as illegal and sham documents and to declare her as the owner of the lands covered by the said documents and to grant perpetual injunction to restrain the defendant No.1 from alienating the suit land to others.

4. As per the plaint averments, the husband of the plaintiff was conducting Real Estate business and he met defendant No.2 and offered to purchase nearly 30 to 40 acres of lands within the limits of Venkatraopet Village, Talakondapally Mandal. Defendant No.2 sold his lands to an extent of Acs.10.01 guntas in Sy. Nos.80 and 218 of the same village through registered sale deed document No.1576 of 2007 dated 06.02.2007. At the instance of defendant No.2, one Chakali Dasharatham @ Ranaveer Janaiah also sold Ac.5.00 gts., of land in Sy. No.79 through registered sale deed document No.68 of 2008 to the plaintiff and an area of Ac.0.36 gts., and Ac.4.04 guntas in Sy.No.79 through separate registered sale deeds document Nos.59 of 2008 and 61 of 2008. For the sale transactions, the husband of the plaintiff agreed to pay Rs.15,00,000/- to defendant No.2 within two months. As the husband of the plaintiff could not pay the said amount within two months to defendant No.2, defendant No.2 held a panchayat and the husband of the plaintiff agreed vide document dated 09.07.2008 to pay a further sum of Rs.5,00,000/-, total Rs.20,00,000/- within five months and in default, to re-convey the purchased lands to defendant No.2. The husband of the plaintiff could not pay Rs.20,00,000/- within time to the defendant No.2 and defendant No.2 did not allow the husband of the plaintiff to enter into the said lands for non-payment of the agreed amount of Rs.20,00,000/-. Meanwhile, the husband of the plaintiff died on 17.09.2009 leaving the plaintiff as his legal heir. Defendant No.2 was maintaining his possession over the purchased lands of the husband of the plaintiff. The plaintiff approached defendant No.2 for possession of the purchased lands by her husband, but defendant No.2 did not agree to deliver the possession of the purchased lands to the plaintiff except on payment of the amount of Rs.20,00,000/-. The plaintiff could not succeed and approached defendant No.1. Defendant No.1 assured the plaintiff that he would arrange delivery of possession of the purchased lands from defendant No.2 without paying the agreed balance amount of Rs.20,00,000/- to defendant No.2 and advised the plaintiff to execute registered sale deeds of the said lands in his name, so that he would see that the purchased land would be delivered from defendant No.2 to the plaintiff. The plaintiff believed the defendant No.1 and executed registered sale deed document Nos.419 of 2011 and 420 of 2011 dated 13.01.2011 in favour of the defendant No.1. The defendant No.1 approached the Tahsildar, Talakondapally to implement his name in the revenue records in ROR and obtained patta passbooks. The plaintiff at the instance of the defendant No.1 lodged a complaint before the South Zone Police Team, CCS, DD, Hyderabad, which was registered as Crime No.31 of 2011. But, the Court acquitted the defendant No.2 for the said offences. As the possession of the purchased lands still remained with defendant No.2, the defendant No.1 approached the Tahsildar, Talakondapally and filed a petition to record his name as cu