PART-II
IN THE COURT OF JR.CIVIL JUDGE, MEDCHAL
AT: MEDCHAL: RANGA REDDY DISTRICT
O.S.no /2011
Between:
Bharath S/o: Late Raghu,
Age:30, Occ: Agriculture,
R/o: Poddur Village, Medhcal Mandal,
Ranga Reddy District. ………..Plaintiff
And
Narsimha S/o RamaKrishna
Age:33, Occ: Agriculture,
R/o: Poddur Village, Medchal Mandal, Ranga Reddy ………..Defendant
Plaint filed u/s.26 OVII R.1 Civil Procedure code
Claim: Suit for Permanent Injunction:
The plaintiff respectfully submits as follows:
1. It is submitted that the plaintiff is the owner and possessor of two acres of land wet agriculture land situated in survey no 26 of Poddur village of ShameerPet Mandal (fully described in the schedule and hereinafter referred as Suit property).
2. Originally, the plaintiff purchased suit property from one shyam by way of unregistered sale deed for an amount of Rs.One Lakh. It remained unregistered as out of the sale consideration only an amount of Rs.80,000/-(Rupees Eighty thousand only) is paid at the time of the sale. At that time it is agreed that registration would take place upon payment of balance sale consideration. In proof of the same written document is executed on 10.10.1993. However, despite best efforts on part of plaintiff to make payment to vendor, it didn’t translate into reality. He got sick, bed ridden and died later.
3. It is further submitted that at the time of sale itself plaintiff is put in possession of scheduled property. As such, since then, the plaintiff cultivating the suit land without interruption of any person whatsoever. The name of the plaintiff is also entered in the relevant revenue records. In fact plaintiff also made an application for regularization of suit land under S.5A of A.P.Pattadhar and Pass Books Act.
4. It is further submitted that there is an escalation of land prices in and around village because of construction of outer ring road. The defendant being a real estate agent, conversant and well versant in the craft work of knocking away the land of villagers and no manner connected to the suit land except being land adjacent land holder made an unjustified interference into the suit land on 20.11.2011 so as to grab it. However, plaintiff with the aid of near and dear successfully prevented the unjustified interference on part of the defendant. Defendant while leaving the suit land openly declared that he will dispossess the plaintiff at any cost as such the plaintiff is apprehensive of likely dispossession from the suit property. Hence, the suit.
5. The suit is filed within limitation under Article 113 of the limitation Act.
6. This being a suit for mere perpetual injunction, the Plaintiff values the relief of injunction at Rs.3000/-(Rupees Three thousand) as notional valuation for which a court fee of Rs.261/-(Rupees Two hundred sixty one) is paid under S.26(c) of A.P.Court Fee and Suit valuation Act.
Prayer: To grant a decree for perpetual injunction restraining the defendant and his men not to interfere with suit property. To order costs of the suit.
(Plaintiff)
SCHEDULE OF PROPERTY
The boundaries of the suit property in survey no.26 of Podur revenue village of Medchal Mnadal of Ranga Reddy District are as follows:
East: Thirty Feet Village Road; West: Land of Narsimha;
North: Plaintiff’s land; South: One Krishna’s land.
List of Documents:
1) Sale deed dated: 10.10.1993 executed by Shyam in favour of Raghu
2) C.C of Adangal Phani of year 2001 -2011 relating to suit land issued by Mandal Revenue officer of year
3) C.C of Adangal Phani of year 1999 -2000 relating to suit land issued by Mandal Revenue officer of year
4) C.C of Adangal Phani of year 1990 -1991 relating to suit land issued by Mandal Revenue officer of year
5) Loan granted by Co-operative Bank, Medchal for suit property
6) C.C of Application u/S.5A given to MRO for regularization of suit land