SHIGA VENKATAIAH Vs. V JAGAN MOHAN REDDY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 18.01.2011 in I.A.No. 385 of 2010 in O.S.No. 2248 of 2009 on the file of the Court of the II-Additional Junior Civil Judge, Rangareddy District. The revision petitioner is the plaintiff.

(2.) The brief facts are as under :

(3.) The defendant filed written statement as well as counter to the application for temporary injunction denying the plea that the plaintiff had purchased the suit property under the registered sale deed dated 18.09.1997. The possession of the plaintiff in respect of the suit schedule property has also been denied and it is claimed that the defendant himself is in possession. According to the defendant, his father B. Prathap Reddy was the absolute owner and possessor of Ac.4-00 of land situated in Sy.No. 49/5 of Bahadurpura village and during his lifetime he had divided the land into 38 residential plots and some of the plots were alienated. It is claimed that the suit schedule property (Plot Nos.31 & 32) was not alienated by his father in favour of anyone much less the plaintiff's Vendor Anantha Lakshmi. It is claimed that on the death of his father on 10.06.2003 the defendant along with his brother and sisters succeeded to the unsold plots including the suit plots. It is contended that the sale deed dated 18.05.1966 under which the plaintiff's vendor said to have purchased the suit plots was a fabricated document and no such sale deed was executed by the father of the defendant.