Uppu Seetharama Raju And Another vs Boda Seetha
2023 Latest Caselaw 218 Tel

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                                                                            Dr.GRR, J
                                                                       CRP_2008_2022

          THE HONOURABLE DR.JUSTICE G.RADHA RANI


              CIVIL REVISION PETITION NO.2008 of 2022


ORDER:

This Civil Revision Petition is filed by the petitioners - respondents -

defendants aggrieved by the orders dated 11.08.2022 passed in I.A.No.215 of

2022 in O.S.No.190 of 2020 on the file of the Court of the Sub-Divisional

Magistrate and Special Assistant Agent, Mobile Court at Bhadrachalam.

2. The parties are herein after referred as arrayed before the trial court.

3. The plaintiff filed a suit for perpetual injunction and I.A.No.215 of 2022

for temporary injunction, submitting that she was the absolute owner and

possessor of the schedule property i.e. agricultural land in Survey No.6/2 to an

extent of Ac.3.2920gts. situated at K.Veerabhadrapuram Revenue Village of

Dummugudem Revenue Mandal, Bhadradri-Kothagudem District. She

succeeded to the said property from her husband Boda Sakru, S/o. Boda

Bhukya. Her husband was the owner and possessor of the schedule property

and he cultivated the said land during his life time. Her husband Boda Sakru

demised on 22.09.2013 due to ill-health. After the death of her husband, she

succeeded to the said property. The then, Mandal Revenue Officer,

Dummugudem issued pattadar passbook bearing No.T27110230088, khata

number: 60001 and Meeseva Pahani in her favour. She was regularly paying

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cist to the revenue authorities. Her name was recorded in the revenue records.

She used to raise paddy crop. As usual, she ploughed the land and prepared for

agricultural operations. Taking advantage of her loneliness, and that she

belonged to Scheduled Tribe and was economically poor, the defendants who

were strangers, were trying to interfere with her possession and enjoyment. On

25.07.2020, the defendants with the help of some henchmen tried to obstruct her

agricultural operations. Due to her timely resistance, they could not succeed in

their attempts. Apprehending danger to her peaceful possession over the

schedule land, she filed the suit and also filed I.A.No.179 of 2020, seeking

temporary injunction. The court granted ex-parte injunction order. She also

filed I.A.No.229 of 2020 seeking Police Protection. Both the petitions were

allowed on 04.09.2020. The respondents - defendants without approaching the

trial court, approached the High Court and filed C.R.P.No.985 of 2020 against

the ex-parte temporary injunction orders and Police Protection Order. The High

Court allowed the C.R.P. and set aside the said orders and directed both the

parties to file fresh I.A. and to advance their submissions. Hence, she filed the

present I.A.

4. The petitioner relied upon the documents, copies of pattadar passbook

No. T27110230088 and khata number 60001 , copy of Dharani land Record in

her favour, copy of Meeseva Adangals, copy of sale deed in the name of her

husband Boda Sakru, dated 01.08.2007 and link documents of the schedule

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property and the photos showing dismantling of the thatched house by the

respondents - defendants.

5. The respondents filed counter submitting that the schedule property was

situated in agency area. The only way to get a patta by non-tribes was by way

of settlement under Regulation 2 of 1970. The respondents - defendants were

non-tribes. A settlement was granted in favour of the respondents' father's

brother's name on 25.08.1986, and they were in continuous possession over the

land as on the date of grant of patta certificate. The schedule property belonged

to their grandfather Uppu Chittabbai. He was having 34 acres. Survey No.6/2

to an extent of Ac.3.73cents in an oral partition fell to Uppu Rama Rao. The

Settlement Officer granted settlement patta in favour of Uppu Rama Rao in

Case No.3571. Uppu Rama Rao, by way of Vatamarpidi Pathram, had given

the said property to his brother Uppu Thatha Rao on 27.06.2018 and

Uppu Rama Rao's wife stated the said facts in her Pramana Pathram dated

16.12.2021. The respondents' father Uppu Thatha Rao constructed a house in

the schedule land bearing No.4-53 and also constructed a church by name

Ceyonu Prardhana Mandhiram at house bearing No.4-54/1 in the year 2015.

The petitioner and her henchmen came to the schedule land and damaged the

church. The respondents gave a Police Complaint against the petitioner and her

henchmen.

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6. They filed the copies of settlement patta given by the Settlement Officer,

Rajahmundry in favour of the respondents' father's second elder brother by

name Uppu Rama Rao dated 25.08.1976, copy of the order in favour of

Uppu Rama Rao issued by the Settlement Officer, Bhadrachalam, copy of

Sthirasthi Raata Marpidi Pathram issued by Uppu Rama Rao in favour of the

respondents, dated 27.06.2018, copy of cist receipts in the name of Uppu Rama

Rao issued by Village Officer, dated 15.06.2017, copy of Pramana Pathram

issued by Uppu Ramanujamma W/o. Uppu Rama Rao in favour of the

respondents, dated 16.12.2021, copy of Vibhagapu Dasthaveju in favour of

respondents issued by Uppu Ramanujamma, dated 16.12.2021, copy of house

tax receipts bearing No.4-54 for the years 2016-2019 in favour of the

respondents' father Uppu Thatha Rao issued by Gram Panchayat, Pragallapalli

Village Secretary, copy of house tax receipts bearing No.4-54/1 for the years

2017-18, 2019, 2020-21 and 2022-23 in favour of the respondents' father by

name Uppu Thatha Rao issued by Pragallapalli Village Secretary, copy of the

order in Civil Revision Petition No.985 of 2020, dated 15.03.2020.

7. The trial court on considering the contentions of both the parties and the

documents filed by both sides, granted temporary injunction in favour of the

petitioner - plaintiff over the schedule property.

8. Aggrieved by the same, the respondents - defendants preferred this

revision contending that the trial court without verifying the actual possession

Dr.GRR, J CRP_2008_2022

of the property as on the date of filing of the suit, passed an injunction order.

The trial court failed to mark the documents as exhibits in the I.A. and passed

the orders, contrary to the Judgments of this Cosurt. The trial court failed to

observe that the settlement patta still stood in the name of Uppu Rama Rao and

the joint family. Without cancellation of the same, the petitioner - plaintiff

could not succeed to the said property. There was no registered sale agreement

by the original owner Sri Uppu Rama Rao. The documents filed by the

petitioner - plaintiff were fabricated. The trial court without application of

mind, passed the orders and prayed to set aside the same by allowing the Civil

Revision Petition.

9. Heard the learned counsel for the revision petitioners - defendants and the

learned counsel for the respondent - plaintiff.

10. The learned counsel for the revision petitioners contended that the

schedule property was situated in the agency area and the only way to get patta

was by way of settlement patta under Regulation 2/70 in favour of the non-

tribals. Although, the revision petitioners were non-tribals, a settlement patta

was granted in favour of the petitioners' father's brother by name Uppu Rama

Rao on 25.08.1998. The petitioners' family was a joint family consisting of the

petitioners' father and his brother by name Uppu Rama Rao and another brother

by name Uppu Thatha Rao, who was the younger brother. All of them were

living in a joint family and enjoying the property covered under Regulation 2/70

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patta to an extent of Ac.3.73 cents in Survey No.6/2. The respondent fabricated

the documents and obtained temporary injunction order without being in

possession of the land. Without cancellation of the settlement patta and without

there being any registered sale agreement by the original owner Sri Uppu Rama

Rao, the petitioners - plaintiffs could not be in possession of the property. The

documents filed by them were fabricated. They further contended that in the

Civil Revision Petition No.985 of 2020 preferred by them earlier also, this

Court granted interim orders that "to cut the crop in the presence of petitioners

as well as respondent and to sell the same in the market and to deposit the

proceeds before the court below until the entitlement of the said amount would

be adjudicated by the court below'' and asked this Court also to pass orders

accordingly.

11. The learned counsel for the plaintiffs (respondents in the present case) on

the other hand submitted that the original owner of the schedule property was

one Uppu Rama Rao, S/o. Uppu Chittabbai, being non-tribe, he faced a

suo motu enquiry before Settlement Officer and proved his possession and got

settlement patta i.e. ryotwari patta in the year 1977. On 15.06.1977, the said

Uppu Rama Rao S/o. Uppu Chittabbai sold the said land to one Tumpelli Pedda

Venkata Ramana W/o. Tumpelli Veera Raju through un-registered sale deed.

The said Tumpelli Pedda Venkata Ramana W/o. Tumpelli Veera Raju enjoyed

the said land and cultivated for thirty (30) years as owner and possessor. In

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those 30 years, she gave kowlu of the said land to Boda Sakru (the husband of

the plaintiff) for some years. Smt. Tumpelli Pedda Venkata Ramana sold the

said land to Boda Sakru on 01.08.2007 through sadabinama. Since then, Boda

Sakru was cultivating the land. On his demise on 22.09.2013, the plaintiff

succeeded to the said property and her name was mutated in the revenue records

and she was issued E-patta passbook vide T27110230088 and khata number

60001. The petitioner was in possession of the property and was cultivating the

said land. The trial court on examining all the documents, allowed the I.A. The

revision petitioners were never in possession of the schedule property at any

point of time and the land did not belong to them and prayed to dismiss the

revision petition.

12. On a perusal of the order of the trial court, though it had not marked the

documents by giving them exhibit numbers, referred all the said documents

filed by the parties in its Order and stated to have considered the same while

passing the Order. The trial court observed that the physical possession of the

property as per the revenue records was in favour of the petitioner - plaintiff.

Though the respondents had filed the settlement patta and other documents to

show that the settlement patta was given in the name of their father's second

elder brother by name Uppu Rama Rao on 25.08.1976 and contended that no

registered sale deed was executed by him in favour of any third parties and the

copy of the sale deed filed by the petitioner - plaintiff in favour of her husband

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Boda Sakru dated 01.08.2007 was a fabricated document, the genuinity of the

documents will not be considered at the stage of granting injunction. The

documents would be considered on their face value.

13. No document was filed by the revision petitioners - respondents in proof

of their possession. As per the petitioner - plaintiff, the schedule property was

an agricultural land and as per the contention of the respondents, a house and a

church were constructed in the schedule land in the year 2015 and they filed

house tax receipts to show that there was a house existing in the schedule land.

It is a matter, which can be decided during the course of trial.

14. The revision petitioners were challenging the order only on the ground of

non-marking of the documents, as per the judgments of this Court in

T.Bhoopal Reddy and another v. K.R.Lakshmi Bai and another 1 and in

Mahaveer Infoway Ltd., Hyderabad and another v. Tech Minfy Info

Solutions Llp, Hyderabad and others2. Even though the documents were not

marked, the same were considered by the trial court while granting interim

injunction. As such, this Court does not find any need to set aside the order of

the trial court.

1998 (1) ALD 770 (D.B.)

2017 (5) ALD 351 (D.B.)

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15. In the result, the Civil Revision Petition is dismissed confirming the order

of the trial court in I.A.No.215 of 2022 in O.S.No.190 of 2020, dated

11.08.2022.

________________________ Dr. G. RADHA RANI, J

18th January, 2023 nsk.