VUPPALAPATI SESHU KUMARI Vs. B. DAYAKARREDDY

JUDGEMENT

(1.) A.S.No.4 of 2009 was dismissed by the learned V Additional District and Sessions Judge, Ranga Reddy at L.B.Nagar, vide judgment dtd. 23/3/2017, confirming the judgment dtd. 1/12/2008 passed by the learned Principal Junior Civil Judge, Ranga Reddy District at L.B.Nagar, decreeing O.S.No.984 of 2004. Aggrieved by these concurrent judgments, the defendant in the suit is in second appeal.

(2.) Parties shall hereinafter be referred to as arrayed in the suit. O.S.No.984 of 2004 was instituted by the plaintiff seeking a declaration that he was the absolute owner of the suit schedule property and for delivery of its vacant possession. He also sought a declaration that the sale deed bearing Document No.3127 of 1997 dtd. 24/7/1997 subsequently executed in favour of the defendant was not binding on him. The suit schedule property was Plot No.1, admeasuring 302 square yards, situated in Sy.No.140, Almasguda Village, Saroornagar Mandal, Ranga Reddy District. The boundaries of the suit plot as per the plaint schedule were:

(3.) The case of the plaintiff was that he was the absolute owner of the suit plot having purchased it under the registered sale deed bearing Document No.391 of 2004 dtd. 9/1/2004 from one M.Subba Rao, who had purchased it, in turn, under the registered sale deed bearing Document No.6068 of 1981 dtd. 20/8/1981 from the original owners, Samreddy Bal Reddy, Samreddy Dan Reddy, Samreddy Janga Reddy, Samreddy Yella Reddy and Samreddy Hanmanth Reddy, sons of Sambhi Reddy, represented by their General Power of Attorney (GPA) holder, Samreddy Bal Reddy, son of Sambhi Reddy. According to the plaintiff, an extent of Acs.14.00 guntas in Sy.No.140 belonged to Samreddy Sambhi Reddy and after his death, his sons developed a layout in Acs.8.29 guntas out of the total extent and sold the plots therein to various persons. His vendor, M.Subba Rao, was one such person. He further claimed that his vendor, M.Subba Rao, obtained permission for making construction in the suit plot in the year 1999 but could not proceed due to financial constraints. Thereafter, M.Subba Rao sold the suit plot to him. He further stated that in the year 2004, he was busy with assembly elections as his uncle was a candidate from Karwan Assembly Constituency and due to the same, he could not supervise his plot. In the second week of June, he visited the suit plot and found that the owner of the adjacent plot, viz., Plot No.3, on the southern side, had merged the suit plot to his house by constructing a compound wall and erecting a gate. The adjacent owner, being the husband of the defendant, claimed that he had purchased the suit plot in his wife's name from the GPA holder, Samreddy Bal Reddy. On verification of the records, the plaintiff came to know that on 24/7/1997, the said GPA holder executed a sale deed in favour of the defendant in relation to the suit plot. Asserting that the GPA holder had no right, title, possession or interest over the suit plot and that the subsequent sale deed executed by him was null, void and not binding upon him, the plaintiff filed the subject suit.