SHANTI POTLURI Vs. GAUTAMI SOCIETY

JUDGEMENT

(1.) This appeal suit is filed against the judgment of the trial Court in O.S.No.19 of 2001 dtd. 13/3/2009.

(2.) The Goutami Society vide registration No.1833 of 1991 represented by the President filed O.S.No.19 of 2001 against Shanti Potluri/first defendant for declaration that the plaintiff is absolute owner of the suit schedule property measuring an extent of Ac.1 " 24 gts or 0.2495 Hect in Sy.No.s.190, 197 and 198 at Kondapur village of SherilingampallyMandal, R.R.District and also for cancellation of the sale deed vide document No.9202 of 1996 dtd. 20/11/1996 executed by the plaintiff in favour of the defendant and for perpetual injunction. During the pendency of the proceedings one K.Ramaiah, Ex-President of the Society who executed the sale deed in favour of the first defendant was added as the second defendant vide I.A.No.2586 of 2005 in O.S.No.19 of 2001 dtd. 1/8/2005.

(3.) Plaintiff stated that their Society was registered on 27. 07.1991 under A.P (Telangana) Public Societies Registration Act, 1350 fasli. The Society was formed by NRIs with an objective to provide facilities for accommodation to NRIs on preference basis, to develop civic consciousness and ideal environment for healthy living and also to develop Play Grounds, parks, Library and other facilities for the benefit of the members. With the said objective Society intended to acquire land to develop lay-outs, to provide house sites without any profit motive and to develop decent Township with adequate infrastructure. In pursuance to the objective of the Society plaintiff acquired the land to an extent of Acs.31 " 00 gts in Sy.No.190, 197 and 198 at Kondapur village, SherilingampallyMandal, R.R.District under four separate registered sale deeds vide No. 4326, 4327, 4328 and 4329 of 1991 dtd. 21/5/1991 in the office of the District Registrar, R.R.District. He also obtained a sanctioned layout from HUDA vide No. 9355/HUDA/MP2/91 dtd. 5/6/1996 to divide the total extent of land into convenient plots. In the said layout to an extent of Ac.0 " 24 gts or 0.2495 Hect or 3020 Sq. yrds was earmarked for the purpose of school. The then President of the Society one V.V.Rao was authorized to execute registered sale deeds in favour of the members as per the resolutionNo. G.S " 9/1993 and accordingly he executed all the sale deeds in favour of the members in and around 1993.