PENDLI JAYAPRADA Vs. MUNICIPAL COMMISSIONER WARANGAL

JUDGEMENT

(1.) AGGRIEVED by the action of the first respondent in mutating the names of respondents 2 and 3 in the municipal records as owners of house bearing No. 7-1-33 at balasamudram, Hanamkonda, Warangal district, the petitioners filed this Writ Petition.

(2.) THE case of the petitioners is that mr. Karunakar Reddy - husband of the first petitioner and father of petitioners 2 and 3 purchased the aforesaid property under a registered sale deed and was enjoying the property by paying municipal taxes and as respondents 2 and 3 were trying to interfere with his possession, Karunakar Reddy filed o. S. No. 912 of 1985 on the file of the Court of district Munsif, Warangal, which was dismissed for default and so respondents 2 and 3 by taking advantage of that fact, had, after the death of Karunakar Reddy, got their names mutated in the municipal records, even without putting them on notice of their claim to that property, and after coming to know about that fact, they filed an application to delete the names of respondents 2 and 3 in the municipal records and mutate their names as successors to that property after the death of Karunakar Reddy, but the same was rejected by the order impugned, and hence this petition.

(3.) FIRST respondent filed his counter inter alia alleging that Karunakar Reddy and Koka komaraiah jointly purchased 800 sq. yards of property under a registered document and divided into plots of 400 Sq. Yards each and that 400 Sq. Yards of site allotted to the share of Karunakar Reddy was again divided among three brothers i. e. Karunakar Reddy and respondents 2 and 3 and thereafter karunakar Reddy filed O. S. No. 912 of 1985 which was dismissed for default. As karunakar Reddy sold away his share under a notarized document dated 18. 1. 1990, respondents 2 and 3 applied for mutation before the Revenue Divisional Officer and the Revenue Divisional Officer by impounding the said document under Section 47 of the indian Stamp Act levied stamp duty and penalty and so on an application filed by respondents 2 and 3 their names were mutated in the place of Karunakar Reddy and so petitioners are not entitled to any relief.