B.LAXMIBAI Vs. JAYA RAM

JUDGEMENT

(1.) This appeal is filed by the appellant being aggrieved by the judgment dtd. 4/6/2018 in O.S.No.285 of 2008 on the file of IV Additional District Judge, Ranga Reddy District at L.B.Nagar. O.S.No.285 of 2008 is filed by the plaintiff seeking declaration of title and for perpetual injunction against the defendants 1 and 2. The trial Court dismissed the said suit.

(2.) For the sake of convenience, the parties herein after are referred to as arrayed in O.S.No.285 of 2008.

(3.) The appellant herein is the plaintiff in O.S.No.285 of 2008. She filed the suit alleging that she is the absolute owner and possessor of the land admeasuring 300 Sq. yards in Sy.No.11/23, 11/27 and 11/25 of Khanamet Village, Rajendra Nagar Mandal, Ranga Reddy District; she purchased the same from one R. Limbia Nayak for a sale consideration of Rs.2,700.00 through an unregistered sale deed dtd. 27/7/1982 and the said sale deed has been validated under Sec. 42 of the Indian Stamp Act, before the District Registrar, on 15/2/2007 and from the date of purchase, she is in possession and enjoyment of the property. Originally the land covered by Sy.No.11 of Khanamet Village, Rajendra Nagar Mandal is held by Gurukul Ghatkesar Trust. The said trust was conducting its activities by earning money from the land held by it and in that process, the said trust has engaged the services of Limbia Nayak, who is the vendor of plaintiff. The name of the plaintiff's vendor's father is reflected in the pahani for the year 1966-67 as possessor. The said Trust through its GPA had executed a Gift settlement deed dtd. 8/6/1982 in favour of the vendor of the plaintiff in respect of Ac.0.27 guntas of land covered by Sy.No.11/23, 11/27 and 11/25. As there is ban on registration of sale deeds, the plaintiff has been enjoying the possession of suit property through sale deed dtd. 27/7/1982 and possession was delivered. Plaintiff also constructed a compound wall and two rooms in the schedule property, obtained electricity connection and name of the plaintiff is also shown in the revenue records, whereas the defendants along with their henchmen tried to interfere with the peaceful possession of the suit property on 15/3/2007 at 11.00 a.m. As such, she filed O.S.No.787 of 2007 on the file of Principal Junior Civil Judge, Ranga Reddy District at L.B.Nagar, for perpetual injunction and the said suit was dismissed for not filing the process. Further the defendants without any right tried to interfere with the peaceful possession of the plaintiff. As such, she field the present suit.