IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD
THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO
IA.No.2 of 2020 IN/AND APPEAL SUIT NO.334 OF 2020
DATED: 10th JUNE, 2026
Between:
D.Ramesh Babu
.. Appellant- Plaintiff
Vs.
1. Pendyala Naresh, S/o. P.Vittal,
Aged 27 years, Occ: Employee,
R/o.H.No.6-372/1, Street No.7,
Manikya Nagar, Quthbullapur,
Ranga Reddy District and two others.
.. Respondents-Defendants
This Court delivered the following:
JUDGMENT :
1. This Memorandum of Appeal is filed under Section 96 r/w Order 41 Rule 1 of the Civil Procedure Code, 1908 (for short ‘CPC’) assailing the judgment and decree passed by the learned III Additional District Judge, Ranga Reddy District at L.B.Nagar in OS.No.1065 of 2012, dated 15.09.2020.
2. Appellant is the plaintiff and respondents are the defendants in OS.No.1065 of 2012.
3. It is mentioned in the cause title of the Appeal that respondent Nos.2 and 3 remained ex parte in OS No.1065 of 2012 and they are not necessary parties in the Appeal.
4.1. Appellant-plaintiff has filed suit for declaration of title, recovery of possession and for cancellation of Registered Sale Deeds bearing document No.3635 of 2012 dated 29.03.2012 and Registered Sale Deed bearing document No.1764 of 2008 dated 18.02.2008 as null and void and not binding.
4.2. The suit schedule property is House bearing No.6-372/1 with four floors in an area of 3024 Sq.feet consists of RCC building i.e., ground floor, first floor, second floor, pent house in third floor with parking area in the ground floor on Plot No.4/part (Western part) admeasuring 84 Sq.yards or 70.22 Sq.metres in Sy.Nos.114 and 115 situated at Road No.7, Manikyanagar Village, Quthbullapur Mandal and Municipality, Ranga Reddy District bounded by North-15 feet Road, South-House No.6-500/1, East-Appurtenant land of House bearing No.6-372/1 and West - Open land of neighbours.
4.3. It is stated in the plaint that Smt.U.V.Veeramani and two others have sold House property admeasuring 169 Sq.yards out of 220 Sq.yards in Survey Nos.114 and 115 in Plot No.4/part vide document No.11146/2004 dated 16.07.2004 to Smt.P.Tulasamma (respondent No.2 - defendant No.2) W/o. P.Venkateshwarlu (respondent No.3 - defendant No.3) who in turn entered into Agreement of Sale cum General Power of Attorney with Smt. M.Sujatha vide document No.15570 of 2005 dated 17.11.2005. M.Sujatha in turn sold the part of the said property to an extent of 85 Sq.yards to one K.Naga Raju through Registered Sale Deed bearing document No.7502 of 2006, dated 24.03.2006 by retaining the remaining extent of 84 Sq.yards. Appellant-plaintiff after verifying the original documents and relevant encumbrance certificates has purchased House bearing No. 6-372/1 in Plot No.4/Part (Western part) in an extent of 84 Sq.yards out of 169 Sq.yards from Smt. P.Tulasamma (respondent No.2-defendant No.2) for valuable sale consideration vide Registered Sale Deed bearing document No.9011 of 2007 dated, 19.05.2007.
4.4. Appellant-plaintiff has performed House-warming ceremony and on the request of respondent No.3-defendant No.3 he has let out the suit schedule property in the month of July, 2007 on rental basis. Respondent No.3-defendant No.3 executed rental agreements and it is renewed from time to time since 01.01.2012. Appellant-plaintiff has constructed the house step-by-step and used to visit now and then. Respondent No.3-defendant No.3 was regularly paying rent on monthly basis. Appellant-plaintiff has visited the suit schedule property on 22.10.2012 and found that the entire property was newly coloured and some strangers are being inducted, on enquiry he came to know that suit schedule property was transferred to respondent No.1-defendant No.1 by respondent No.2-defendant No.2 in collusion with respondent No.3-defendant No.3. Appellant-plaintiff has contacted the neighbours and approached the defendants and enquired about their high-handedness but there was no reply from them. On enquiry by him in the office of Sub-Registrar, he found that once Sri C.Venkat Reddy S/o.Narsimha Reddy has entered into a Registered General Power of Attorney with Smt. C.Bharathi for total extent of land admeasuring Acs.05-39 gts. in Survey Nos.112, 115, 117, 121 and 122 through Registered document No.71 of 1992. C.Venkat Reddy found the agent i.e., Smt. C.Bharathi misusing the Power of Attorney and he cancelled the same vide document No
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