Mughal Shamshad Begum vs Sk Noorjahan
2022 Latest Caselaw 3199 AP

      HIGH COURT OF ANDHRA PRADESH::AMARAVATI
 MAIN CASE No: S.A.NO.238 OF 2022
                                  PROCEEDINGS SHEET
Sl.                                                                                            OFFICE
                                                                                                NOTE
No.
       DATE                                          ORDER
3.    30.06.2022
                   KSR,J

                                            I.A.NO.238 OF 2022

                     The plaintiff in O.S.No.755 of 2007 on the file of the court of I

                   Additional Junior Civil Judge, Nellore is the appellant herein. She filed

                   the above suit seeking declaration of her right and title over the suit

                   schedule   property   and   for   recovery   of   possession   from   the

                   defendants.


                     The case of the plaintiff is that the suit schedule property is a

                   house site plot bearing No.58 and the Tahasildar, Nellore, vide

                   proceedings in R.C.B.No.319 of 1989 dated 12-09-1989 granted

                   patta, which is an extent of 80 square yards in favour of the plaintiff.

                   Thereafter, the plaintiff constructed a compound wall and erected a

                   thatched hut in the said house site. Thereafter, certain followers of

                   CPM and BJP parties created a problem              and demolished the

                   thatched house and the plaintiff lost original patta issued to her at

                   that time. Thereafter, the plaintiff came to know that the original

                   patta granted in her favour was in the custody of the defendants.


                    On the other hand, the defendants contested the suit by filing a

                   written statement. It is their specific case that the plaintiff purchased

                   the house site from one G.Seethamma under an agreement of sale

                   dated 01-12-2005 who purchased under an agreement of sale dated

                   11-08-1994. Of course, there are no registered documents to that

                   effect. It is an admitted case of both the counsel that originally patta

                   was granted in the name of the plaintiff in the year 1989. After an

                   elaborate trial, the trial court decreed the suit by way of judgment

                   and decree, dated 30-04-2005. Aggrieved by the same, the

                   defendants filed A.S.No.53 of 2015 before the III Additional District
 Sl.                                                                                           OFFICE
                                                                                               NOTE
No.
      DATE                                       ORDER

             Judge, Nellore and the same was allowed by setting aside the

             judgment and decree passed by the trial court.


                In view of the above facts and circumstances and in view of the
             following substantial questions of law,

                1.

Whether the judgement and decree of the first appellate court is sustained Under Sec.3 of AP Assigned Land (POT) Act 1977, Prohibits Transfer of Assigned Lands, allowing the appeal and setting aside the well reasoned judgement of the Hon'ble Trail Court by finds that as if the patta is not a document of title and it can be used only for collection of revenue?

2. Whether the judgement and decree of Hon'ble Appellate Court is vitiated by non considering of material evidence and in consideration of irrelevant material by perverse findings?

3. Whether the judgement and decree of the Hon'ble Appellate Court is in right in denying the relief of declaratory decree based on wrong inference from proved facts by applying the law erroneously?

ADMIT the Second Appeal.

_________________ K.SURESH REDDY,J

TSNR