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IN THE COURT OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE -

CUM - ASSISTANT SESSIONS JUDGE:

CITY CIVIL COURT , AT: MALKAJGIRI

O.S NO. OF 2023

Sri. Dantuluri Vijaya Kumar Raju

S/o Dantuluri Pandu Ranga Raju
aged 51 yrs, Occ : Business
R/o 6-3-347/22/1 and 1A,
Flat no 201, Dawarakapuri colony,
Punjagutta, Near Saibaba Temple,
Nampally, Hyderabad – 500082
Owner of Land admeasuring
1.00 Ac.Gts in Sy.No 296/2,
Situated at Cheeriyal Village,
Keesara Mandal, Mechal-
Malkajigiri District Telangana

Represented by his GPA Holder

C.Vijayindranath S/o C.Ravndranath,
age 42 yrs, Occ: Advocate,
R/o 12-11-28, Maruthi Nelayam,
Seethphalmandi, Secunderbad 500061

…Plaintiff

Versus

1. Gajjala Maisamma
W/o Gajjala Sriramulu,
Aged 42 yrs, Occ: Housewife,
R/o 7-9-, Kondapur, Chada,
Motakondur, Yadadri Bhuvanagiri
Telangana 508111

2. K.Mahesh
Flat No 303, Madhusha,
Habsiguda, Hyderabad
TS – 500092

3. MRO
Tarakarama Nagar, Malkajgiri,
Secunderabad, Telangana,
Tukaram Gate Main Road,
Malkajgiri, Hyderabad - 500047
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4. District Collector, Medchal- Malkajgiri

ECIL - Keesara Rd, Near ORR Keesara,
Godumakunta, Secunderabad,
Telangana 501301

…Defendants

SUIT FOR CANCELLATION OF DOCUMENTS WITH PERMANENT AND

MANDATORY INJUNCTION.

PLAINT FILED UNDER SECTION 26 AND ORDER VII RULE 1 AND 3 OF

C.P.C

I. Description Of The Plaintiff:

The Petition filed under section 26 order VII Rule 1 and 3 of C.P.C for
SUIT For Cancellation Of Documents With Permanent And Mandatory
Injunction against the respondents herein through the Advocate
Smt.D.Sumitha (TS2622/2015) and Sri. C. Vijayindranath, (11304), office
address 12-11-28, Maruthi Nelayam, Seethphalamandi, Secundranad
500061.

II. Description Of The Defendants:

The name and address of the defendants 1 to 4 for the purpose of

summons, notices, processes etc., are the same as shown above in the
cause title.

III. The above named plaintiff respectfully submit as follows:

1. It is humbly submitted that the plaintiff is represented by his GPA holder

is Chayanam Vijayindranath, R/o 12-11-28, Maruthi Nelayam,
Seethphalamandi, Secundranad 500061.
2. It is humbly submitted that the Plaintiff is the owner of the all that the
piece and parcel of Agricultural land admeasuring 1.00 Ac.Gts in Sy.No
296/2, Situated at Cheeriyal Village, Keesara Mandal, Mechal-Malkajigiri
District Telangana having acquired through a sale Deed Registered as
Document no of 8264/2017 dt. 16-10-2017 with Sub Registrar Ghatkesar
and possessed the pattadar pass book and title deed bearing no
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T06070091360 DT. 21-03-2022 issued by Tehsildar, Keesara Mandal

(Annexure 1).

3. It is humbly submitted that the Plaintiff and Defendant no 1 entered in

MOU Dt 16-2-2023 as per the terms and condition Plaintiff gave GPA dated
10-02-23 to Defendant no 1 to sell the Suit Schedule property (Annexure 2
& 3). However the Defendant no 1 did not abide by the terms and conditions
of MOU and sold the land without informing and without paying sale
consideration to the land owner i.e Plaintiff.

4. It is humbly submitted that as per MOU Dt. 16-2-2023 clearly states that
“clause 6 That the first party has agreed and deposit or credit Advance
payments and or Total transactions sale consideration amounts received by
First party from the prospective buyers shall credit or deposit to the
accounts of the second party immediately as per mutually agreed terms and
conditions”. However Defendant no 1 i.e Gajjala Maisamma W/o Gajjala
Sriramulu did not inform the Owner/Plaintiff nor made any payments
relating to the said property and wilfully cheated the Plaintiff by selling the
land vide GPA as under the terms and conditions of said MOU (annexure 2).
5. It is humbly submitted that in the month of June 2023 when the plaintiff
went to the office of the MRO, it came into the knowledge of the plaintiff that
the defendant No. 1 with the connivance of the revenue authorities got sold
the suit schedule property to K.Mahesh illegally, fraudulently and
dishonestly and subsequently got sanctioned the mutation Nos. Document
No T06070091360 vide Deed No 463/2023 SRO Medchal-Malkajigiri
Keesara (Annexure 4). All the Orginal Sale Deed and Passbook are with the
Plaintiff only without which SRO cannot complete the sale transaction
respondent forged and cheated by selling land without originals to third
party.

6. It is humbly submitted that the Defendant no 1 sold the suit schedule

property and did not pay Sale Consideration to the plaintiff as agreed in the
MOU and cheated the plaintiff.
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7. That the defendant no 1 vide GPA dated 10-02-2023 and sold the
property vide sale deed No 463/2023 vide General Power of Attorney No.
152/2023 at MRO Malkajgiri. illegally, unlawfully, fraudulently, by way of
forgery and fraud with the connivance of the revenue authorities.

8. That after coming into the knowledge of the plaintiff, the plaintiff
immediately contacted the defendants/revenue authorities whereby it
debunks that the piece of land of the plaintiff has been fraudulently and
illegally transferred in the name of defendant Nos. 2 but they have done
nothing and linger on the matter on one pretext or the other.

9. It is humbly submitted that the complainant gave police complainant on

30-06-2023 at keesara police station an got acknowledgment vide no
RCK/KSR_RCHKD/300623/00727 (annexure 4) enclosed copy of complaint
to station house officer keesara (annexure 5) and subsequently police filed
FIR No 581/2023 dated 16-08-2023 (annexure 7).

10. That the above-stated entries, mutation, sale deed, and all type of
transactions, alienation, and entries of the revenue record are unjust,
illegal, unauthorized, void, null, void ab-initio and are the result of
misrepresentation, forgery, fraud, malice, ulterior motives, collusion with
the revenue authorities concern and are in effect upon the rights of the
plaintiff and are liable to be set-aside, cancelled, corrected, according to the
actual ownership of the plaintiff in the land mentioned above.

11. That a glaring fraud is spelled out from a cursory glance of the relevant
documents, hence the mutations, etc are liable to be cancelled, set-aside,
and corrected in accordance with the law.

12. That the said act on the part of the revenue authorities as well as
defendants No. 1 to 4 is unjust, illegal, unauthorized, void, null, void ab-
initio and is the result of misrepresentation, forgery, fraud, malice, ulterior
motives, and ineffective upon the rights of the plaintiff and to deprive the
plaintiff of his valuable land.
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13. That the plaintiff asked the revenue authorities as well as defendant No.
1 to 2 to admit the rights and title of the plaintiff and withdrew from their
illegal claims but the defendants have refused to accede the genuine request
of the plaintiff, hence this suit.

14. That now it also came into the knowledge of the plaintiff that the
defendants No. 1 to 2 with the connivance of the revenue authorities intends
to further alienate the land, take forcible possession, raises construction
and change the nature of the land.

IV. Cause of action

15. That the cause of action firstly accrued when the defendants committed
fraud, forgery, misrepresentation and change the entries in the revenue
record and secondly when in the month of June 2023, when the plaintiff got
the knowledge of the said fraud, forgery, misrepresentation, change in
entries in the revenue record which continues time by time and finally a
week ago when the defendants finally refused to accede the genuine request
of the plaintiff, the same is still continuing.

V. Limitation

16. That the Plaintiff came to know for the first time on 29-06-2023 upon
there enquires in the locality that some unknown persons are claiming the
right over the suit schedule land and when the plaintiff obtained Dharini
enters and certified Sale Deed document no 463/2023 dated 27 th May 2023
plaintiff came to know that the Defendant no 1 sold the land to defendant no
2 and the same is within the limitation period prescribed under Limitation
Act.

VI. Declaration

17. The Complainant did not institute any suit earlier and no suit is pending
in respect of the suit schedule property for the similar relief in any court.
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VII. Jurisdiction

18. That the property is situated within the territorial limits of this
Honorable Court, cause of action also accrued here, the revenue authorities
fall under the jurisdiction of this Honourable Court, hence this Honourable
Court has the jurisdiction to entertain and adjudicate upon the matter.

VIII. Court Fee:

19. The suit for cancellation of documents for the purpose of court fee and
jurisdiction, the total sale consideration for the suit schedule property of
Sale Deed dated 27th May 2023 is Rs 24,14,034/- (Twenty Four Lakhs and
fourteen thousand thirty four rupees only) the suit is valued on which a
court fees of Rs. 27,362/- is paid under the section 39 of the Telangana
Court Fee and suit Valuation Act 1956. Likewise for the relief of restrain
order form changing the nature of the property is also valued at Rs.
10,000/- notional value of land and a fixed fee of Rs 786/- is paid under
section 26(c) of suit valuation Act 1956. Court Fee of Rs 28,148/- is paid
vide challan No dated of Bank Branch, and the same is
paid is sufficient.

20. That the plaintiff is ready to affix the appropriate Court fee, however,
Rs. 20/- is affixed upon the plaint.

PETITION SCHEDULE PROPERTY

All that the Land admeasuring 1.00 Ac.Gts in Sy.No 296/2, Situated at
Cheeriyal Village, Keesara Mandal, Mechal- Malkajigiri District Telangana
District.-Bounded by-

North : AG.LAND OF M.MALLESH

South : AG. LAND OF NEIGHBOURS
East : BANDLA DARI
West : AG. LAND IN SY NO. 283
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PRAYER

In view of the above, it is most humbly prayed that:

1. A decree for declaration in a suit for cancellation of documents to the

effect that the plaintiff is an owner in possession of land 1.00 Ac.Gts in
Sy.No 296/2, Situated at Cheeriyal Village, Keesara Mandal, Mechal-
Malkajigiri District Telangana.

whatsoever with the suit land and all the subsequent entries, mutation, sale
deeds, against the rights of the plaintiff are illegal, unjust, un-authorize,
null, void- void-ab-initio, without any lawful justification and are result of
forgery, fraud, dishonestly, misrepresentation collusion with the revenue
department and are ineffective upon the rights of the plaintiff and are nullity
in the eye of law and are liable to be set-aside, cancelled and corrected
according to the rights of the plaintiff and are only to deprive the plaintiff
from his valuable rights and property.

2. A decree for a mandatory injunction in this suit for cancellation of

documents directing the defendants No. 4 and 5 revenue authorities to
correct the revenue record in the light of the submissions made in the main
suit.

3. A decree for permanent injunction restraining the defendant’s Nos. 1

to 2 to claim any right title, interest, and concern whatsoever in the suit
land and further transfer the land on the basis of above said mutations/
attorney/ sale deed/ entries, etc in favor of any person.

4. Further prayed that the defendants No. 1 to 2 may also please be

restrained from interfering into the peaceful possession of the plaintiff
dispossessing him, raising any sort of construction and changing the nature
of the suit property in any manner whatsoever may kindly be passed in
favor of the plaintiff and against the defendants.

5. Any other relief, which this Honorable Court deems fit and proper may
also be granted to the plaintiffs.

Plaintiff

COUNSEL FOR PLAINTIFF

MALKAJGIRI
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Verification

I, C.Vijayindranath S/o C.Ravndranath, age 42 yrs, Occ: Advocate, R/o 12-

11-28, Maruthi Nelayam, Seethphalmandi, Secunderbad 50006 the above
named Plaintiff do hereby declare the contents mentioned against the para
No 1 to 21 are true and correct and the contents mentioned against are
based on legal advice which I believe to be true and correct to the best of our
knowledge and belief.

Hence verified on this 15th day September, 2023

Plaintiff

LIST OF DOCUMENTS

1. Xerox Copy of Sale Deed Document no 8264/2017 dated 16-10-2017.

2. Xerox Copy of Memorandum of Understanding Dated 16-02-2023.
3. Xerox Copy of General Power of Attorney Document no 152/2023
dated 10-02-2023.
4. Xerox of Dharni enters showing property sold to K.Mahesh Doc no
T06070091360.
5. Police Complaint 30-06-2023.
6. Police Acknowledgement receipt dated 30-06-2023.
7. FIR no 581 dated 16-08-2023.