H. Adinarayana Reddy, vs D. Ameer Sab
2024 Latest Caselaw 4892 AP

Andhra Pradesh High Court - Amravati

H. Adinarayana Reddy, vs D. Ameer Sab on 28 June, 2024

           HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: S.A. No.364 of 2024

                              PROCEEDING SHEET


Sl.                                                                         OFFICE
        DATE                              ORDER
No.                                                                          NOTE
1.

28.06.2024 KSR, J

The plaintiffs in O.S.No.238/2008 on the file of the Court of Principal Junior Civil Judge, Adoni, Kurnool District are the appellants. They filed suit against the defendant for declaration of their title and for recovery of possession and for mense profits.

It is the claim of the plaintiffs that originally one Govindamma purchased the suit schedule property under two registered Sale Deeds dt. 26.07.1951 and 31.08.1954 and the said Govindamma was the absolute owner. Thereafter, said Govindamma died leaving behind her only son by name H.Ranganna Goud. Said Ranganna Goud also died on 10.06.2003 leaving behind the plaintiffs as his legal heirs. During the life time of Ranganna Goud, in the year 1999 the defendant occupied the open site and he used to pay rent @ Rs.300/- per month. After the death of said Ranganna Goud, the defendant also paid rent to the plaintiffs for about six months and thereafter the defendant stopped paying the rents. Consequently the plaintiffs asked the defendant to vacate the said premises, but the defendant denied the title of the plaintiffs contending that the property belonged to the Government and he

occupied the same and they raised a hut and running a cycle shop. The defendant also approached the Revenue authorities for grant of Possession certificate, which was denied by the revenue authorities after contest made by the plaintiffs.

After elaborate discussion and after full- fledged trial, the trial court decreed the suit by judgment and decree dt. 29.11.2012. Aggrieved by the same, the defendant filed appeal in A.S.No.2/2013 on the file of the Court of II Additional District Judge, Kurnool at Adoni. During the pendency of appeal, the sole appellant/defendant died and his LRs were brought on record. After hearing both sides, the learned II Additional District Judge allowed the appeal by judgment and decree dt. 27.12.2023. Aggrieved by the same, the plaintiffs filed the present Second Appeal before this Court.

In view of the following substantial questions of law:

(a) Whether the provisions of O.7 R.3 contemplated the description particulars of the suit property to be stated in the plaint only with boundaries or with other particulars to identify the property.

(b) Whether the registered sale deeds prevail over the certificate issued by the gram panchayat to decide the title?

Admit.

________________ K.SURESH REDDY, J MVA