THE HONOURABLE Dr.JUSTICE G.RADHA RANI CITY CIVIL COURT APPEAL No.163 of 2001 AND TRANSFER APPEAL SUIT No.684 of 2016

COMMON JUDGMENT:

CCCA No.163 of 2001 is filed by the appellant-plaintiff aggrieved by the judgment and decree dated 17.01.2000 in O.S. No.110 of 1996 on the file of III Senior Civil Judge, City Civil Court, Secunderabad for dismissing the suit filed by her seeking the relief of declaration of title and consequential injunction.

2. The plaintiff in O.S. No.110 of 1996 was shown as defendant in O.S. No.378 of 1997. O.S. No.378 of 1997 was filed by the respondent herein as plaintiff seeking the relief of perpetual injunction. The respondent herein initially filed O.S. No.517 of 1994 on the file of XI Assistant Judge, City Civil Court, Secunderabad and the same was transferred to III Senior Civil Judge, Secunderabad and re-numbered as O.S. No.378 of 1997. Both the suits were tried together by the III Senior Civil Judge and evidence was adduced in common in both the suits. O.S. No.110 of 1996 was dismissed and O.S. No.378 of 1997 was decreed with costs.

3. Aggrieved by decreeing of the suit in O.S. No.378 of 1997, the defendant therein preferred A.S. No.26 of 2012 on the file of the I- Additional Chief Judge, City Civil Court, Secunderabad. The same was transferred to this Court and re-numbered as Tr.A.S.No.684 of 2016. As the parties in both the cases were one and the same and both the cases are tried together, both the appeals are heard together. Pending the above appeals, the sole respondent died and his legal representatives were brought on record as respondent No.2 to 6 as per the orders in I.A. No.3 of

2023 in CCCA No.163 of 2001 dated 03.04.2024.

4. For the sake of convenience, the parties are hereinafter referred as arrayed before the trial court in O.S. No.110 of 1996.

5. The case of the plaintiff in O.S. No.110 of 1996 was that she was the absolute owner of plot bearing No.41 admeasuring 300 sq.yds., situated in Sy. No.61 and 62 enclosed by a compound wall and a gate situated at Sardar Vallabhai Patel Poor Class Co-operative Housing Colony, Trimulgherry Village, Hasmatpet Road, Secunderabad, by virtue of a registered sale deed document No.986 of 1982 registered before the Sub-Registrar, Marredpally, Secunderabad. She purchased the same from one Sri Thomas Mathew, who inturn purchased the same from his earlier vendor Sri V.A.Sundaram, represented by his GPA holder Sri A.M.Sankaran. In February, 1994 some unsocial elements tried to grab the vacant land, as such, the plaintiff constructed a small room with a door and a compound wall with gate to the suit schedule property to secure the same from land grabbers and encroachers and got her name painted on both the sides of the said wall. The plaintiff was in peaceful possession of the suit schedule property ever since the date of her purchase in 1982. While so, the defendant made attempts to disturb the physical possession and enjoyment of the suit schedule property by the plaintiff. As such, the plaintiff through her husband approached the concerned police on 01.05.1994. The police, on verification of the documents advised and warned the defendant not to interfere with the physical possession and enjoyment of the suit schedule property by the plaintiff. However, the defendant deliberately filed a petition against the plaintiff vide O.S. No.517 of 1994 on the file of the XI Assistant Judge, City Civil Court, Secunderabad and obtained an ad-interim injunction order vide I.A. No.792 of 1994 in the said O.S. The plaintiff, however, filed her counter and written statement and was contesting the above said suit. However, to decide the matter comprehensively, she filed the suit for declaration and perpetual injunction.

6. The defendant filed written statement denying that the plaintiff was the owner of the suit schedule property. He contended that he was the sole, absolute and exclusive owner and possessor of the suit schedule property, having purchased the same for a valua