NANDYALA SRIDEVI Vs. GOTTIMUKKALA SATYANARAYANA RAJU

JUDGEMENT

(1.) This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order in I.A.No.873 of 2017 in O.S.No.1249 of 2006 dated 17.11.20117 passed by the VII Senior Civil Judge, Vijayawada.

(2.) The petitioner is the plaintiff and the respondents are the defendants and for the sake of convenience, they will hereinafter be referred as were arrayed before the Trial Court.

(3.) The petitioner filed I.A.No.873 of 2017 before the Court below seeking leave of the Court to amend the plaint, alleging that, she filed O.S.No.1249 of 2006 against the defendants for grant of perpetual injunction, restraining the respondents, their men, agents, servants and associates from interfering with the peaceful possession and enjoyment of the suit schedule property. It is alleged that, originally the first defendant was the owner of the suit schedule property and the surrounding properties, he divided the same into plots and sold them to the public. The first defendant had shown the layout plan of the plaint schedule property for getting it approval from the municipal corporation. On satisfying the same, the plaintiff purchased Plot Nos.38 and 39 for a sale consideration of Rs.24,000.00 under sale agreement dtd. 24/8/1994 executed by first defendant and he delivered the same to the plaintiff. The first defendant executed registered General Power of Attorney in favour of petitioner's husband by name Nandhyala Sambasiva Rao on 20/3/1995 by giving power to register the sale deed in favour of the petitioner. The General Power of Attorney Holder obtained permission from the Special Officer and Competent Authority, Urban Land Ceilings, Vijayawada. In terms of the said permission, husband of the plaintiff executed a registered sale deed dtd. 17/8/2004 and since then she has been in peaceful possession and enjoyment of the schedule property which is well known to the first defendant and other defendants also. The petitioner and surrounding plot owners formed into a society namely Vinayakanagar Welfare Association and they appointed a watchman to lookafter their properties. The authorities have issued notice for payment of the vacant land tax for the years 2003-04, 2004-05 and 2005-06.