IN THE COURT OF THE JR CIVIL JUDGE R.R.DIST.
AT: RAJENDRANAGAR
O.S.No. 64 OF 2023
Between: -
Mohammed Idreesullah Shareef
S/o. Mr. Mohammed Ibrahim Shareef,
Aged about 47 yrs, Occ: Pvt employee,
Presently residing at Riyadh, Saudi Arabia.,
Rep by its GPA Holder Mohammed Ibrahim Shareef
S/o. Late Mohammed Bande Ali, aged about 79 yrs,
Occ: Retired Employee, R/o. H.No. 16-2-60/3, Akbar Bagh,
New Malakpet, Hyderabad. ----------PLAINTIFF
AND
1. Mohammed Abdul Rafeeq
S/o. Mohammed Abdul Aleem,
Aged about 40 yrs, Occ: Service in Abroad,
Presently residing at Saudi Arabia.,
Rep by its GPA Holder
Abdul Hafeez S/o. Abdul Gafoor,
2. Abdul Hafeez S/o. Abdul Gafoor
Aged about 54 yrs, Occ: Business,
R/o. H.No. 19-2-571, Fateh Darwaza,
Bahadurpura, Hyderabad. ------Defendants
SUIT FOR DECLRATION AND PERPETUAL INJUNCTION.
PLAINT UNDER SECTION 26 ORDERS 7 RULE 1 AND 2 READ WITH U/S 151 C.P.C.
1. DESCRIPTION OF THE PLAINTIFF: -
That the address for service of all summons, processes, notices etc, of the
court is that as shown in the cause title for the plaintiff, or that of his counsel M/S. P.
SUNIL KUMAR, P. VINIL KUMAR & P. Sandeep Kumar Advocates, 0/0. 1-6-212/3B,
Near Sunnam Batti Bus Stop, Parsigutta, Hyderabad,
DESCRIPTION OF THE DEFENDANT: -
That the address for service of all summons, processes, notices etc., of the
Court on the defendant is that as shown in the cause title above. That the
plaintiff submits as follows: -
1. The Plaintiff respectfully submits that the GPA holder is the father of the Plaintiff
herein. Presently the plaintiff is residing at Riyadh, Saudi Arabia, the plaintiff herein
executed GPA in favour of Mr.Mohammed Idreesullah Shareef the copy of GPA
enclosed along with this Plaint. It is further submit that the GPA holder is involved in
the transactions between the plaintiff and the defendants herein because the said
Plaintiff is residing in Riyadh and the GPA holder is dealing with the property affairs
of the plaintiff in India. The Plaintiff had purchased the suit schedule property and he
was in the possession of the property and the defendants herein by creating
fabricated documents trying to trespass into the suit schedule property which is
narrated in detail below.
2. The Plaintiff respectfully submits that originally the Plaintiff herein is the absolute
owner and possessor of the land/Plot bearing No. 5, in Sy No. 11/A, admeasuring
141.35 Sq. Yards, situated at Sogbowli Village, Rajendrangar, Ranga Reddy Dist., T.S.
same was acquired through registered SALE DEED vide Doc No. 13111/2018 dated:
03.12.2018 Register before SRO Rajendrangar., from Mr. Mohammed Hasan Uddin
and Mr. Mirza Mustafa Ali , Since from the date of execution of registration of Sale
Deed the plaintiff herein enjoying the possession without any interference.
3. The Plaintiff further submitted that Originally Mr. Sama Penta Reddy S/o.
Mr. Yadi Reddy and Mr. Sama Subash Reddy S/o. Late Chandra Reddy are the
absolute owners and peaceful possessors of the Agriculture land bearing Part of
Survey No.11, admeasuring Ac.0-31 guntas, situated at Sogbowli Village,
Rajendranagar Mandal, R.R.Dist., same has been purchased through register Sale
deed vide doc No. 2459/1990, Book –I, Volume: 1616, Page: 485 to 492, dated:
27.02.1990, registered before SRO Ranga Reddy Dist., from Mrs. Sama Narasamma
W/o. Late Sama Narayana through Her GPA Holder Mr. Sama Yadi Reddy vide GPA
No. 450/1989, dated: 31.03.1989, registered at SRO Ranga Reddy Dist., thereafter
the Sama Penta Reddy and Sama Subash Reddy divided the afore said property in to
two parts and Sama Penta Reddy obtained Patta No.49 and Title deed No. 135939 .
4. The plaintiff respectfully submits that due to his ill-health the late Sama Penta
Reddy was expired on 03.10.2015 leaving behind his wife and two sons’ i.e., 1) Mrs.
Sama Anitha Reddy 2) Sama Manikanth Reddy & 3) Sama Lavakanth Reddy as his
only legal hairs. Thereafter they have obtained family succession orders from
Tahsildar Rajendranagar Mandal, R.R.Dist., vide proceeding No. B/531/2017 dated:
29.01.2018, as per said order 1) Mrs. Sama Anitha Reddy got share of Ac.0.06gts out
of total Ac.0.16gts 2) Sama Manikanth Reddy got share of Ac.0.05gts out of total
Ac.0.16gts & 3) Sama Lavakanth got share of Ac.0.05gts out of total Ac.0.16gts.,
in afore said property. Thereafter they had sold the said property to the Mr.
Mohammed Hasan Uddin and Mr. Mirza Mustafa Ali through Register sale deed vide
doc No. 3815/2018 dated: 03.04.2018 register before SRO Rajendra Nagar.
5. The plaintiff respectfully submits that after purchasing the afore said property
Mr. Mohammed Hasan Uddin and Mr. Mirza Mustafa Ali are developed the said
property into five plots. it is further submitted that the plaintiff herein purchased
the land/Plot bearing No. 5, in Sy No. 11/A, admeasuring 141.35 Sq. Yards, situated
at Sogbowli Village, Rajendrangar, Ranga Reddy Dist., T.S. same was acquired
through registered SALE DEED vide Doc No. 13111/2018 dated: 03.12.2018
Registered before SRO Rajendrangar. Since from the date of execution of
registration of Sale Deed the plaintiff herein enjoying the possession without any
interference. Herein after called as Suit schedule property.
6. The plaintiff respectfully submits that therefore said plots are merged with the
Fort View Colony Owners Association Reg No. 2107/2012 and their after the
plaintiff also obtained Society membership by paying membership payment vide
Membership No. 8 receipt dated: 02.02.2021. It is relevant to mention herein that
the society herein also issued a letter dated: 22.12.2022 stating that the plaintiff
herein is the absolute owner and possession of the suit schedule property. The
plaintiff further submit that he also obtained electricity meter vide TSSPDCL bearing
No. NR161238005687 issued by electricity department.
7. The Plaintiff respectfully submit that the Defendant No.1 GPA Holder i.e.,
defendant No.2 herein on 16.01.2023 Surprisingly the defendants herein who are
keeping evil eye on Plaintiff property which was constructed with Compound and
gate with locked without keeping watch man, the defendant No.2 under the
instruction of the defendant No.1 along with other persons who are residence of
same locality and having high influence came along with ten unsocial elements to
the suit schedule property and stated that they are the owner of the property and
claiming over the Suit schedule property without showing any sort of documents.
Further defendant No.2 herein started threatening the Plaintiff by stating that they
are the owners of the property and tried to enter into the said property, further
they issued life threats to Plaintiff with a dire consequence and force to live the said
property. Timely Plaintiff survived with the help of locality people and passers-by.,
further the defendants herein with an ill-intention to grab the said property for
gaining huge money, as the land rates are hyped during all this period and also
knowing very well that the said suit schedule property kept open. The defendant
No.2 who type with the local persons and having highly influence and maintaining
unsocial elements who are habitually grabbing the lands since from long period,
having so while on 17.1.2023 the defendant No.2 along with unsocial elements
broken the lock of the suit schedule property and trespassed into the property and
thefted the electricity meter i.e. TSSPDCL vide bearing No. NR161238005687 from
suit schedule property , immediately on 21.1.2023 the plaintiff went to the suit
schedule property, while seeing the plaintiff the defendant No.2 and his un-social
elements runaway from the suit schedule property then the plaintiff herein given
complaint before the PS Rajendranagar and P.S. Rajendranagar register FIR against
the defendant No.2 herein vide Cr No. 99/2023 dated: 21.01.2023. the copy of FIR
filing with this plaint. It is relevant to mention herein that previously on 25.12.2022
& 29.12.2022 the defendant No.2 herein along with unsocial elements tryied to
trespass into the suit schedule property and due to strong protest by plaintiff and
interference of local people they have failed in their attempt and the plaintiff herein
also give police complaint against them before the PS Rajendranagar.
8. Further the Plaintiff herein also enquired in the locality then he came to know
that the defendants who are having high influence and also having close
acquaintance with locality leaders and they are in a habit of cheating the innocent
people by grabbing the open lands and selling the same to innocent people by
creating false documents and receiving huge amounts for their benefits.
09. The plaintiff is having prima facie case and balance of convenience in his
favour. If notice is ordered the Defendants will dodge the proceedings and thereby
there will be multiplicity of proceedings which cannot be compensated in terms of
money. Hence the plaintiff is obliged to file the present suit for Declaration and other
reliefs.
That the plaintiff has not filed any suit against the defendants earlier and
no suit is pending between the parties with respect to the subject matter.
CAUSE OF ACTION: The cause of action for filing this suit arose when the plaintiff
purchased the schedule property under valid consideration and when the plaintiff
has become the absolute owner and possessor of the suit schedule property and the
Defendants are interfering with the peaceful possession and enjoyment of the suit
schedule property and on suit arose on 25.12.2022, 29.12.2022 & 16.01.2023,
when the Defendants Association tried to illegally interference with the peaceful
possession and enjoyment of the schedule property by the plaintiff and on
17.01.2022 when the defendants herein illegal trespassed into the suit schedule
property and thefted the electricity meter i.e. TSSPDCL vide bearing No.
NR161238005687 from suit schedule property and when the Plaintiff lodged
complainant against the Defendants and his henchman with the police
Rajendranagar on 21.01.2023 and police received the complaint and register FIR
against the defendant No.2 herein vide Cr No. 99/2023 dated: 21.01.2023 and
cause of action still continues.
9. LIMITATION: The suit is not barred by limitation and is within time.
10. JURISDICTION: The Plaint Schedule Property is situated at Sogbowli Village,
Rajendrangar, Ranga Reddy Dist., T.S., which is within the jurisdiction of this
Hon'ble Court and as such this Hon'ble Court has got jurisdiction to try this suit.
Plaintiff declare that he have not filed a similar suit against defendant in
respect of the suit schedule property in any courts.
COURT FEES
A) The relief prayed in (a) portion i.e., the suit is filed for declaration
valued at Rs. 14,41,770/- on ½ of Rs. 7,20,885 being value of the
property and the court fee of Rs.________ is herewith paid U/s.24(d)
of the T.S.C.F & S.V.Act.
B) The relief prayed in (b) portion i.e., the suit is filed for prefectural
injunction and valued at Rs. 10,000/- and court fee of Rs. /- is
herewith paid U/s.26(c) of the T.S.C.F & S.V.Act.
And the total court fee of Rs.____________ +Rs.786/- =Rs.__________/- is
herewith paid which is sufficient.
PRAYER: The plaintiff, therefore pray for judgment and decree, giving the following
relief’s:-
(a) Declaring Plaintiff is the owner of Suit Schedule Property.
(B) Perpetual Injunction against the defendants, their representatives, agents,
assignees, etc., restraining them from interfering with the peaceful
possession and enjoyment of the of the Schedule Property, either by them
self or through their representatives, agents, henchmen, associates or
otherwise
c. Award costs of the suit
d. And pass such other and further order or orders, as this Hon’ble Court deems
fit and proper in the circumstances of the case.
Place: Rajendranagar
Dated: . PLAINTIFF
COUNSEL FOR PLAINTIFF.
VERIFICATION
I, Mohammed Idreesullah Shareef S/o. Mr. Mohammed Ibrahim Shareef,
Aged about 47 yrs, Occ: Pvt employee, Presently residing at Riyadh, Saudi Arabia.,
Rep by its GPA Holder Mohammed Ibrahim Shareef S/o. Late Mohammed Bande Ali,
aged about 79 yrs, Occ: Retired Employee, R/o. H.No. 16-2-60/3, Akbar Bagh,
New Malakpet, Hyderabad., do hereby declare that the contents of the above plaint
are true and correct to the best of my knowledge, belief and information as such
verified at Hyderabad on this the day of January 2023.
PLAINTIFF
SCHEDULE OF PROPERTY
All that the Plot bearing No. 5, in Sy No. 11/A, admeasuring 141.35 Sq. Yards,
situated at Sogbowli Village, Rajendrangar, Ranga Reddy Dist., T.S ., and bounded by:
NORTH : 30’-0” Wide Road.
SOUTH : Plot No.4.
EAST : Neighbour’s Property.
WEST : 20’ Wide Road.
Place: Rajendranagar
Dated: . PLAINTIFF
COUNSEL FOR PLAINTIFF.
VERIFICATION
I, I, Mohammed Idreesullah Shareef S/o. Mr. Mohammed Ibrahim Shareef,
Aged about 47 yrs, Occ: Pvt employee, Presently residing at Riyadh, Saudi Arabia.,
Rep by its GPA Holder Mohammed Ibrahim Shareef S/o. Late Mohammed Bande Ali,
aged about 79 yrs, Occ: Retired Employee, R/o. H.No. 16-2-60/3, Akbar Bagh,
New Malakpet, Hyderabad., do hereby declare that the contents of the above plaint
are true and correct to the best of my knowledge, belief and information as such
verified at Hyderabad on this the day of January 2023.
PLAINTIFF
LIST OF DOCUMETNS
(i) Certified copy of Sale deed vides doc No. 13111/2018 dated:
03.12.2018 pertaining to suit schedule property.
(ii) Certified copy of link document of plaintiff vendor i.e. sale deed vide
doc No. 3815/2018 dated: 03.04.2018 pertaining to suit schedule
property.
(iii) Certified copy of link document of plaintiff vendor vendors i.e. sale
deed vide doc No. 2459/1990 dated: 26.02.1990 pertaining to suit
schedule property.
(iv) True copy of proceeding issued by Tahsildar Rajendrangar Mandal,
vide proceeding no. B/531/2017 dated: 29.01.2018.
(v) C.C. of E.C.
(vi) CC of Valuation Certificate.
(vii) Copy of FIR along with complaint dated: 21.01.2023.
(viii) Copy of acknowledgement t issued by PS Rajandranager
(ix) Original membership Receipt issued by Fort View colony Owner’s
Association dated: 02.02.2021.
(x) Original letter issued by Fort View colony Owner’s Association
dated: 22.12.2022
(xi) Photos of suit schedule property.
(xii) Original GPA dated: 19.01.2023 executed by principal in the name
of plaintiff.
Place:
Date: PLAINTIFF
IN THE COURT OF THE JUNIOR
CIVIL JUDGE, R.R.DIST.
AT : RAJENDRANAGATR
O.S.No. of 2023
Between:
Mohammed Idreesullah Shareef ,
Rep by its GPA Holder Mohammed
Ibrahim Shareef
....PLAINTIFF
AND
Mohammed Abdul Rafeeq & others
….Respondent/DEFENDANT
.
SUIT FOR DECLRATION AND PERPETUAL
INJUNCTION PLAINT UNDER SECTION 26
ORDER 7 RULE 1 AND 2 READ WITH
U/S 151 C.P.C.
Filed on:
FILED BY: P.SUNIL KUMAR
P.VINIL KUMAR
(1821/2005)
ADVOCATE.
COUNSEL FOR PETITIONERS
_________________________________
9246347520
9246357520
Vinil.deshi.@gmail.com
