Dismissed

Eeramalla Bal Raj v. Nallanagula Sunanda

Telangana HC19 Mar 2010CRP/1174/2010

Case brief

AI extract

What is this about?

A single judge dismissed a civil revision petition wherein the plaintiff challenged the dismissal of an application to frame an additional issue concerning a defendant's plea regarding an unregistered sale deed. The court held that an existing comprehensive issue on title covered the defence, making an additional issue unnecessary.

What did the court decide?

The application for framing an additional issue is dismissed as the existing issue covers the defence raised.

Eeramalla Bal Raj Vs Nallanagula Sunanda — Property and Title | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE K.C.BHANU

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CIVIL REVISION PETITION No. 1174 of 2010

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ORDER:

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1. This Civil Revision Petition is directed against the order dated 24.11.2009 in I.A. No.2572 of 2009 in O.S.No.166 of 2007 on the file of the VIII Additional Senior Civil Judge, Ranga Reddy district at L.B. Nagar, Hyderabad, whereunder and whereby the petition filed for framing additional issue was dismissed.

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2. The petitioner herein is the plaintiff, and the respondents herein are defendants, in the suit. 3. The learned counsel for the petitioner contended that a plea has been taken by the defendants stating that they have purchased an extent of Ac.8.32 guntas of land from the plaintiff through an unregistered sale deed and in pursuance of that unregistered sale deed, they were put in possession of the property, and so, an additional issue has to be framed on that point.

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4. No doubt, when a fact has been stated in the plaint and the same is denied or disputed by the defendants, then a specific issue has to be framed thereon. The specific case of the plaintiff is that he is entitled for declaration in respect of an extent of land i.e. Ac.14.24 guntas in survey no.360. The defendants set up a defence stating that they have got right, title and interest in respect of Ac.8.32 guntas of land in the said survey number, having purchased the same under an

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unregistered sale deed. But, in the case on hand, no issue has been framed with regard to the defence put forth by the defendants. When a specific plea has been taken by the defendants with regard to a certain aspect, that has to be proved and established by them. In any view of the matter, a comprehensive issue is framed by the trial Court as to whether the plaintiff is entitled for declaration of title over the suit schedule property i.e. Ac.14.24 guntas and it covers the defence raised by the defendants, and there need not be a specific additional issue on this aspect. If the defendants have not established their defence, then the plaintiff is entitled for declaration in respect of Ac.14.24 guntas of land, of course, subject to evidence in support of his case, because having approached the Court, it is for the plaintiff to establish his case. Therefore, framing additional issue as prayed does not arise.

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5. The Civil Revision Petition is, accordingly, dismissed at the stage of admission. No costs. However, observation, if any, made in this order is only for the purpose of disposal of this revision, and the trial court is directed to dispose of the suit in accordance with law, uninfluenced by the observation, if any, in this order.

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(K.C.Bhanu, J.)

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19.03.2010 DRK

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THE HON’BLE SRI JUSTICE K.C.BHANU

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CIVIL REVISION PETITION No. 1174 of 2010

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19.03.2010 THE HON’BLE SRI JUSTICE K.C.BHANU

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CIVIL REVISION PETITION No. 1174 of 2010

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19.03.2010

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Between:

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Eeramalla Bal Raj

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…Petitioner

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And

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Nallanagula Sunanda & others

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…Respondents

Eeramalla Bal Raj v. Nallanagula Sunanda

Case brief

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Eeramalla Bal Raj v. Nallanagula Sunanda

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