TIKKAVARAPU SUBBA RAMI REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The revision petitioner is the plaintiff in O.S.No.505 of 2001 on the file of the X Additional Chief Judge, City Civil Court, Hyderabad. The respondent Nos.1 and 2 i.e., State of Telangana, through Secretary, Revenue Department and Smt. Nandamuri Basava Taraka Rama Rao Memorial Cancer Foundation represented by its Trustee, are the defendants 1 and 2 respectively in the suit.

(2.) The suit was filed for the relief of declaration of title for the plaint schedule property of 4,235 sq. yards with prohibitory permanent injunction in respect of said property and for such other reliefs and also that if at all there is any finding of plaintiff not in possession of that property to direct delivery of possession and for mesne profits. The plaint schedule property is described as said 4,235 sq. yards bearing Municipal No.8-2-120/11, which is western portion of Plot No.15 of Jubilee Hills, Hyderabad, bounded by North and South: roads, East: Plot No.14, Municipal No.8-2-120/99 of Mohd. Akram and West: Part of the said land of vendor.

(3.) It is pending the suit, I.A.No.832 of 2017 is filed for a direction to the 2nd respondent-2nd defendant-Trust to produce their building sanctioned plan to locate the plaint schedule property also with reference to it. The petition supporting affidavit with reference to plaint averments speak that the suit land is part of plot No.15 of Ac.1.30guntas towards Jubilee Hills, East road, Hyderabad, with Municipal No.8-2-120/H allotted by Jubilee Hills Municipality to one Mr. Ather Engineer Saheb under firman,dt.26th Moharram 1359 Hijri =07.03.1940, leave about the similar allotments from said Survey No.129 into plots from lay outs prepared by said Municipality and approved on 17.07.1943 and photostat copy of it filed with plaint by saying said payment of Rs.875/- by plaintiffs vendor supra and put him in possession for the plot No.15 recorded at Sy.No.87 of the Municipal record vide Ex.A.14(translation Ex.A.14-A) and filed by 1st defendant Government and wife of said Ather sold out of it, the western portion of 4235sq.yards by registered sale deed dated 30.11.1969 (No.3556/68) to plaintiff, the suit property which is a vacant site surrounded by compound wall built by the 2nd defendant entity and the building sanctioned plan of the 2nd defendant if produced could be helpful to prove the same.