Syed Gousia vs Shaik Mastanvali
2022 Latest Caselaw 3992 AP

      HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: S.A.NO.301 OF 2022
                                  PROCEEDINGS SHEET
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2.    14.07.2022   KSR,J

                                            S.A.NO.301 OF 2022



                     Heard Sri P.Balaji Varma, learned counsel for the appellant.

                     The plaintiff in O.S.No.32 of 2013 on the file of the court of
                   Additional Senior Civil Judge, Narasaraopet, Guntur District is the
                   appellant    herein.    She       filed     the   above     suit    against      the
                   respondents/defendants        seeking        declaration    of     title   and   for

recovery of possession.

It is the specific case of the plaintiff that originally the suit schedule property is a Government poramboke and the Government granted "B-form" patta in favour of the plaintiff in which she raised asbestos sheet roofed house in the said land and Municipality allotted Door No.1-3-35/1. Thereafter, in the year 2008 the MRO regularised the Patta after collecting market value of Rs.15,620/-. Thereafter, the appellant permitted the 2nd defendant- Shaik Razia Begum, who is her foster daughter and her husband, who is 1st defendant, to reside in the said house with an understanding that as and when appellant/plaintiff required to vacate, they have to vacate and handover the said premises to the appellant/plaintiff. On the basis of the said pleadings, the appellant/plaintiff filed the above suit.

The respondents/defendants contested the suit by filing a written statement inter alia contending that earlier the appellant/plaintiff filed RCC No.3 of 2009 for their eviction and when they denied the title, the said RCC was dismissed. The trial court after considering the evidence on record, decreed the suit by way of judgment and decree, dated 15-12-2015. Questioning the same, the respondents/defendants filed Appeal i.e., A.S.No.47 of 2016 before the Court of XIII Additional District and Sessions Judge, Narasaraopet and the same was allowed by judgment and decree, dated 11-03-2022. Aggrieved by the same, the appellant/plaintiff filed the present Second Appeal.

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In view of the same and for the following substantial questions of law,

1. Whether the lower court is justified in relying on Exs.B-4 to B-7 which were obtained after filing of the suit?

2. Whether the lower appellate court is right in not properly considering Exs.A-1 to A-3?

3. Whether the lower appellate court is right in giving much credence to the observations made in the judgment of the Rent Control Tribunal in RCC No.3 of 2009 in deciding the present comprehensive suit? And

4. Whether the lower appellate court is right in holding that "the name of the 2nd defendant also mutated in the municipal records" without any proof in support of said finding?

ADMIT the Second Appeal.

                                                              _________________
                                                              K.SURESH REDDY,J

             TSNR
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