B R KOTESHWARA RAO Vs. G RAMESHWARI BAI

JUDGEMENT

(1.) This Letters Patent Appeal arises but of the Judgment In A. S. No. 1195 of 2002 and cross-objections. For the sake of convenience, the parties would hereinafter be referred to as they are arrayed in the trial Court.

(2.) Plaintiff filed the suit for declaration that Ex. B1 receipt dated 5-12-1974, said to have been executed by her in favour of the 1st defendant, is forged, and hence is void and inoperative, and for the consequential relief of permanent injunction restraining the defendants and their men from interfering with her peaceful possession and enjoyment of the plaint schedule property or in the alternative for possession of the plaint schedule property by evicting the 1st defendant therefrom and consequential reliefs.

(3.) The case, in brief, of the plaintiff is that she is the absolute owner of the plaint schedule property of 11 acres 9 guntas in S.No. 101 of Gundla Pochampally Village, Medchal Taluq, Ranga Reddy District, having purchased it under a registered sale deed dated 26-10-1965 from B. Padmavathi Bal after obtaining permission from Tahsildar, Medchal, and has been in possession thereof through her husband G.V. Reddy. After the death of her husband on 8-8-1991, she came to know that 1st defendant is in occupation of the plaint schedule property and raised fencing with barbed wire and stone pillars and also made some constructions therein. Therefore, she, through her relative Pratap Reddy enquired him about his possession over her land. 1st defendant seems to have informed that he would vacate the land provided she pays compensation to him. She agreed to get an estimate of the improvements allegedly made by the 1st defendant, but since the 1st defendant did not turn up till the last week of November, 1981, she got issued a legal notice dated 7-12-1981 calling upon the 1st defendant to vacate the plaint schedule property, for which she received a reply through an Advocate alleging that Is defendant is in possession of the plaint schedule property in pursuance of an agreement of sale referred to in the receipt dated 5-12-1974 executed by her for Rs.5,000.00 recelved as advance. Since she never executed any receipt, or received any consideration, much less Rs. 5,000.00 as alleged by the 1st defendant in the reply notice got issued by him, she filed the suit for declaration, etc. as mentioned above.