VISHWAMBARA EDUCATIONAL SOCIETY Vs. DONTI INDRASENA REDDY

JUDGEMENT

(1.) This Appeal is filed aggrieved by the judgment and decree dtd. 8/9/2023, passed by the I Additional District Judge, at Warangal, in A.S.No.10 of 2023, whereby and whereunder the order, dtd. 23/1/2023, passed by the Principal Junior Civil Judge, Warangal, in I.A.No.499 of 2022 in O.S.No.284 of 2012 was set aside.

(2.) The appellants herein are the defendants and respondent herein is the plaintiff in the suit, before the trial Court. For convenience, hereinafter, the parties are referred to as they are arrayed in the suit.

(3.) The brief facts of the case are that plaintiff filed suit in O.S.No.284 of 2012 against the defendants, seeking cancellation of the registered sale deed bearing document No.234/2001, dtd. 14/5/2001 and also for perpetual injunction in respect of the suit schedule property. In the plaint, it is averred that plaintiff is the owner of land in Sy.No.521/B, to an extent of Acs.2.24 gts, situated at Bollikunta Village, Warangal District (hereinafter referred to as 'suit schedule land'); that defendant No.1-Educational Society is running college which is situated towards eastern side of the suit schedule property; that defendant No.2, who is a relative of plaintiff and Ex-Member of Parliament, approached the plaintiff and requested to execute nominal sale deed in respect of land in Sy.No.521/B, admeasuring Ac.1.00 guntas out of Acs.2.24 gts, belonging to plaintiff, stating that defendant No.1 required to be in possession of Acs.40.00 guntas of land to obtain permission from AICTE to run a college; that initially, plaintiff refused, however, on repeated requests and force of defendant Nos.1 and 2, he executed a nominal sale deed vide Document No.234/2001, dtd. 14/5/2001, in respect of land in Sy.No.521/B, admeasuring Ac.1.00 guntas, without any consideration and delivery of possession of the land; that on the date of execution of nominal sale deed itself, a precondition was stated that the said nominal sale registered deed would not confer any right or title over the property to the defendants and the defendants agreed to cancel the said deed without fail, whenever the plaintiff demands.