MOHD ABDUL REHAMAN QUADRI Vs. P GANGADHAR RAO

JUDGEMENT

(1.) This CRP is filed against the order of the learned Chief Judge, City Civil Court, Hyderabad, in CMA No.40 of 2004. CMA, in turn, was filed against the order passed by the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, in IA No.1306 of 2003 in OS No.7724 of 2003.

(2.) The respondent filed the suit for the relief of injunction simplicitor against the petitioner. It is his case that the suit schedule property was part of an extent of Ac.7.28 guntas of land in Sy.No.257 of Miralam Tank Road, Bahadurpura Mandal, Hderabad, and that it was purchased in the name of his minor brother, Venkat Rao, by his father. He further pleaded that after the death of their father, the said Venkat Rao, himself and his mother, succeeded to the property, and that in a partition that was effected among them, the suit schedule property, along with another property fell to his share. The remaining extent is said to have been sold long back. He also filed IA No.1306 of 2003 against the petitioner for temporary injunction under Order 33 Rule 1 CPC, alleging that his possession is being interfered with.

(3.) Petitioner filed counter-affidavit stating that he purchased the suit schedule land from the brother of the respondent on 28-5-2002, through an oral transaction and paid the entire consideration. It is his case that ever since the date of purchase, he is in possession of the property, and also paid the municipal tax.