Government of Andhra Pradesh and another versus K. Varalakshmi and others

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3673 OF 2009

Government of Andhra Pradesh and another …Appellant (s)

versus

Varalakshmi and others … Respondent(s)

This appeal by special leave is directed against the judgment and order dated 16.3.2004 passed by the High Court of Andhra Pradesh whereby appeal preferred by the plaintiffs was allowed and the judgment and decree passed by the trial court in the suit instituted by the plaintiffs has been set aside. The factual matrix of the case is that the suit schedule property admeasuring about five acre in Survey No.71/3 of Paradesipalem was Poramboke land. One Sagiraju Bangaramma was in possession and enjoyment of the said land by raising agricultural crops since 1950. By virtue of her possession, the suit property was assigned to her by the first defendant/appellant through a rough patta inR.C.No.4118 of 1961. She continued to be in possession and enjoyment of the suit property as absolute owner, and by way of a registered sale deed dated 12.1.1970 (Ex.A-2), she sold the suit property for a valuable consideration to one Durga Ramalingeswara Rao. Subsequently, said Ramalingeswara Rao died and after his death his wife DurgaVenkata Ratnam and his sons succeeded to the suit schedule property, who by sale deed dated 27.1.1982 (Ex.A-1) sold the suit land to the plaintiffs for valuable consideration and passed on the possession there of. In March, 1988, the second defendant/appellant being Visakhapatnam Urban Development Authority (in short,‘VUDA’) fixed boundary demarcations to a part of the plaintiffs land, purporting to act under the directions of the absolute owners and possessors of the land got issued notice under Section 80 of the Civil Procedure Code requesting defendants to desist from interfering with the plaintiff’s possession. Thereafter, plaintiffs instituted a suit for declaration of title and permanent injunction….read more