G.ANAND Vs. G.SURYANARAYANA MURTHY

JUDGEMENT

(1.) The present appeal has been filed aggrieved by the judgment and decree in O.S.No.146 of 2013, dtd. 26/6/2019, on the file of the learned Senior Civil Judge, Sangareddy, wherein the suit filed by the appellant for declaration, recovery of possession against defendant No.3 came to be dismissed.

(2.) The appellant is the plaintiff and the respondents are the defendants in the suit, for convenience sake, the parties are hereinafter referred to as they are arrayed in the suit.

(3.) The case of the plaintiff is that he is the owner and possessor of the Plot bearing No.103 in Survey No.7E and 7EE to an extent of 300 square yards situated at Sriram Nagar Colony, Patelguda Village at Sangareddy Taluq, Medak District, having purchased the same through registered sale deed bearing document No.6574/1985, dtd. 6/6/1985. The defendant No.1 is the GPA holder of the original pattadar, who was an agriculturist and in possession of the property in Survey No.7E and 7EE. The Pattadars have executed a General Power of Attorney (GPA) in favour of G.Suryanarayana Murthy (D1) on 30/5/1985 vide registered document No.152/1985 registered in the office of SRO, Sangareddy, Medak District. Defendant No.1 has developed the land in Survey No.7E and 7EE into housing plots along with the other adjacent lands and named as Sriram Nagar Colony at Patelguda Village, Sangareddy Taluq, Medak District, sold the plots to different persons and the plaintiff is one of the purchasers. The plaintiff is in continuous and uninterrupted possession of the suit schedule property without interference of any one. When the plaintiff visited the suit schedule property, he came to know from his neighbouring plot owners that some unknown person occupied their plots illegally by removing the stones laid down around the suit schedule property. The plaintiff received the information from the Tahsildar Office that defendant No.2 is in possession of Survey Nos.7E and 7EE. Defendant Nos.2 and 3 have no right in the suit schedule property in any manner to occupy and to enter their names in the concerned records.