B NARASIMHA REDDY Vs. NAMA DAMODHAR REDDY

JUDGEMENT

(1.) This civil miscellaneous appeal is filed by the defendant against order dated 30.9.2003 in plaintiffs' I.A. No. 1485 of 2013 in OS No. 1015 of 2013 on the file of I Additional District Judge, Ranga Reddy District at L.B. Nagar. By the impugned order, learned District Judge granted interim injunction restraining defendant and others from interfering with the possession of plaintiffs in respect of petition schedule plot. For the sake of convenience, the parties will be hereinafter referred to as they are arrayed in the suit. The case of the plaintiffs is that they are absolute owners and possessors of petition schedule plot bearing No. 210, admeasuring 366 Sq.yards, in Survey No. 60 Part, situated at Ward No. 8, Block No. 3, Sri Ramana Colony, Karmanghat Village, Saroornagar Revenue Mandal, Ranga Reddy District under GHMC L.B. Nagar Circle. They purchased the plot through registered sale deed bearing No. 5143/2003, dated 8.4.2003. Originally Balam Jangaiah and others were possessors of Acs.52.00 of land in Survey No. 60 of Karmanghat Village. The said land was classified as Inam land as per the revenue records. Balam Jangaiah and others applied to revenue authorities for issuance of Occupancy Rights Certificates (ORCs) under Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The Inams Tribunal vide Proceedings No. AD/survey/Special-80 issued independent ORCs in favour of Balam Jangaiah and others on 31.10.1980. In pursuance of the said ORCs, Balam Jangaiah and others have become owners to an extent of Acs.52.00 of land situated in Karmanghat Gram Panchayat vide its Proceedings No. 415/1980, dated 29.8.1980 and thereafter they converted the land into 575 plots and sold them to various persons. The plaintiffs' vendor by name M. Shamantha, W/o. Venkateswarlu purchased the petition schedule plot under registered sale deed bearing Document No. 2635/1980, dated 7.4.1981. The plaintiffs have purchased the petition schedule plot from Shamantha under registered sale deed bearing Document No. 5143/2003, dated 8.4.2003. The plaintiffs' vendor and thereafter the plaintiffs have been in possession and enjoyment of petition schedule plot. The plaintiffs approached the Municipal authorities and got regularised the petition schedule plot under Land Regularisation Scheme on 30.12.2008. The defendant is openly proclaiming that he is having title to the suit property and tried to dig pits in the petition schedule plot on 15.8.2013. Prima facie case and balance of convenience are in favour of the plaintiffs and if interim injunction is not granted in their favour, they would sustain irreparable injury. Hence, this petition.

(2.) The defendant filed counter-affidavit inter alia contending that originally the land in Survey No. 58 of Karmanghat Village is Inam land and its Inamdar, late Khaja Shakir Hussain, and the defendant was in possession and enjoyment of Acs.8.26 guntas of land in Survey No. 58. The defendant approached the Inams Tribunal for grant of ORC. After due enquiry, the then Revenue Divisional Officer, East Division granted ORC in favour of defendant vide File No. H/963/81 dated 24.9.1981 in respect of Acs.8.26 guntas. He got his name mutated in the revenue records and obtained subdivision Survey No. 58/1/S. Out of the said land, the defendant sold Ac. 1.06 guntas to one Ghan Shaheed Baba, who is running a school in the name of G.S.B. International School. The defendant obtained layout for an extent of Acs.5.38 guntas from H.U.D.A. in the year 1991 and sold plots to different persons. He also sold Ac.0.18 guntas to one P.D. Prakash and others. The defendant retained Ac. 1.04 guntas in Survey No. 58. The members and office bearers of Sri Ramana Colony Welfare Association (for short, the Association), who have no right or title, tried to interfere and occupy the land Ac. 1.04 guntas in Survey No. 58/1/S. Then he filed OS No. 1014 of 1999 on the file of Principal Junior Civil Judge, Ranga Reddy District at L.B. Nagar for perpetual injunction and the same was decreed on 25.6.2013. During the pendency of the said suit, the Advocate Commissioner with the help of surveyor demarcated the land and a sketch map was prepared. The plaintiffs who are well aware of the earlier proceedings in OS No. 1014 of 1999 and passing of the decree of perpetual injunction in favour of defendant on 25.6.2003 by learned Principal Junior Civil Judge, Ranga Reddy District, suppressed the same and filed the present suit, and obtained the ex parte injunction order against the defendant There is no prima facie case and balance of convenience in favour of plaintiffs. Hence the petition is liable to be dismissed.

(3.) In the trial Court, on behalf of plaintiffs, Exs. P1 to P18 were marked. On behalf of the defendant, Exs. R1 to R10 were marked. Basing on the material available on record, the trial Court arrived at a conclusion that the plaintiffs are entitled for interim injunction. Feeling aggrieved by the said order, the defendant preferred this miscellaneous appeal.