SHEIKH QUTUBUDDIN Vs. GOLI VISHWANATHAM

JUDGEMENT

(1.) Revision petitioners are the defendant Nos.1 and 2 and respondents are the plaintiffs in O.S.No.10 of 2005 on the file of Senior Civil Judge at Nirmal. Petitioners assailed the order of the Senior Civil Judge, Nirmal dated 24.10.2013 admitting document marked as Ex.A26, which is an agreement dated 14.01.2003.

(2.) Suit is filed seeking declaration that the sale deeds dated 27.06.2001 and 24.07.2004 are null and void and that the plaintiffs are the owners of house bearing G.P.No.7-71 (old), Padmavathi Nagar Colony, Khanapur Village and Mandal, Adilabad District; for mandatory injunction to remove illegal and unlawful constructions made by the defendants; direction to defendants to vacate and hand over the vacant and peaceful possession of the land admeasuring 144.49 square yards in respect of the above premises; and direction to the defendants to pay sum of Rs.5,000/- per month for unlawful and illegal occupation.

(3.) In support of their relief, one of the documents relied upon by plaintiffs is document dated 14.01.2003, which is an agreement between Goli Viswanatham and Dr. MD. Zaheer Ahmed and others. Plaintiffs intend to mark this document as Ex.A26 through one person, by name, Noor Jahan , who stood as prosecution witness no.9. P.W.9 filed an affidavit before evidence is recorded and during the course of the recording of evidence, P.W.9 affirmed the contents of the affidavit already filed and in view of the same, it is treated as chief- examination. Agreement dated 14.01.2003 is marked as Ex.A26 through P.w.9. Along with the above document, three other documents are marked as Exs.P27 to P29.