ANNAPURNA Vs. N. SRINIVAS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 13/9/2019 passed in O.S.No.90 of 2015 on the file of the learned III Senior Civil Judge, City Civil Court at Secunderabad.

(2.) The suit O.S.No.90 of 2015 was filed by the plaintiff seeking recovery of possession, for mesne profits and for perpetual injunction. The trial Court after considering the entire oral and documentary evidence on record, decreed the suit directing the defendant to vacate and handover the physical possession of house bearing No.12-11- 339/2, measuring 101 square yards, Warasiguda, Secunderabad, (hereinafter, 'the suit schedule property') and granted mesne profits at the rate of Rs.10,000.00 per month from the date of filing suit to till the date of realisation and also granted perpetual injunction as sought for. Aggrieved by the said judgment and decree, the defendant preferred this Appeal.

(3.) Learned counsel for the appellant would contend that the suit is filed for recovery of possession without seeking for declaratory relief in respect of the title over the suit schedule property is not maintainable. He would further contend that the trial Court failed to consider that the title of the defendant over the suit schedule property was inherited through registered conveyance deed. He would also argue that the trial Court erred in admitting Ex.A1 without giving weightage to the evidence on record and the evidence of D.Ws.1 and 2 was not appreciated properly and held that the evidence of D.Ws.1 and 2 and Exs.B1 to B3 have no evidentiary value, therefore, he sought to set aside the judgment and decree.