VANKA KODANDA RAMI REDDY Vs. BYREDDI SREENIVASULU

JUDGEMENT

(1.) The 1st respondent herein filed O.S.No.310 of 2008 before the Court of Learned Additional Senior Civil Judge, Madanapalle for declaration of his right and title over the suit schedule property which consisted of two parts, delineated as "ABHFG" and "HFEC" to the plaint sketch, and for a consequential permanent injunction restraining the defendants, including the petitioner herein, from 2 interfering with the possession and enjoyment of the property by the first respondent.

(2.) The 1st respondent is said to have based his case on the ground that the 1st respondent had purchased these properties from the defendants in the suit which includes the petitioner herein. It is the case of the 1st respondent that he had purchased one property under a registered deed of sale dtd. 23/6/2001 and a second property under a registered deed of sale dtd. 18/8/2004. The 1st respondent also claimed that for the purpose of better description of the property, an agreement was executed by the petitioner herein in favour of the 1 st respondent on 23/6/2001 in relation to the property sold under the registered deed of sale dated 23.06 2001. Similarly, an agreement was also said to have been executed on 18/8/2004 in relation to the registered deed of sale dtd. 18/8/2004. It may also be mentioned that these two agreements are unregistered and are nominally stamped.

(3.) The petitioner herein denied execution of these two unregistered nominally stamped agreements and objected to the marking of these two documents, in the course of trial, when the first respondent sought to mark these two documents as Exhibits 3 A2 and A4. The Trial Judge had overruled the objections raised by the petitioner and permitted the said documents to be marked.