YERRA VENKATESH Vs. NATHI MALLESH

JUDGEMENT

(1.) The temporary injunction granted by the learned Junior Civil Judge, Gajwel, in IA No. 263 of 2009 in OS No. 76 of 2009 was set aside in appeal in CMA No. 32 of 2009 by the learned VI Additional District Judge at Siddipet, Medak District. Hence, this civil revision petition by the plaintiff in the suit. The appellate order was suspended on 18.7.2011 pending this revision.

(2.) Parties shall be referred to as arrayed before the trial Court.

(3.) The suit, OS No. 76 of 2009, was filed for a perpetual injunction to restrain the defendants from interfering with and disturbing the plaintiffs possession over the suit schedule plot admeasuring 2921/2 square yards in Sy.No. 222/AA/4 of Kallakal Village, Toopran Mandal, Medak District. The plaintiff also sought an interim injunction pending the suit to protect his possession over the suit plot. It was his case that one Nathi Bhoomaiah was the original pattadar and possessor of an extent of Ac. 0-25 guntas of dry land in Sy.No. 222 of Kailakal Village. Bhoomaiah died leaving his widow, Nathi Mallamma, and two sons, Nathi Pentaiah and Nathi Chandraiah. Mallamma's name was recorded as the pattadar of the land in the revenue records, but the land was enjoyed jointly by all of them. Mallamma died three years prior to the filing of the suit, whereby the sons became the joint owners of the land. They partitioned the same and each got Ac. 0-121/2 guntas. Nathi Pentaiah is said to have converted his share of land into house plots and sold the suit plot to the plaintiff under registered sale deed bearing Document No. 444/2009 dated 19.3.2009 (Ex. A1) for valid consideration. The plaintiff got his name recorded as the pattadar of the suit plot under proceedings dated 12.5.2009 (Ex. A2) of the Tahsildar, Toopran. He claims to have applied for permission to construct a house in the suit plot, but in the meanwhile as the defendants were interfering with his peaceful possession over the same and were trying to dispossess him, he filed the subject suit. Copies of the pahanies for the years 2001-02 to 2007-08 (Exs. A3 to A9) were relied upon to prove possession of his predecessors-in-title.