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Andhra Pradesh High Court - Amravati

M Ramana Kumari vs M Narasimha Rao on 12 June, 2019

Author: U.Durga Prasad Rao

Bench: U.Durga Prasad Rao

HIGH COURT OF ANDHRA PRADESH

WEDNESDAY, THE TWELVETH DAY OF JUNE
TWO THOUSAND AND NINETEEN

'PRESENT:

CIVIL REVISION PETITION NO: 619 OF 2019

 

Petition under Section o 15 af CPC, aggrieved by the decree and
Judgement in O.S.No.208 of 2015 dated 30-01-2079 on the file of the V Addl.
District Judge, Raraahondravararn East Godavari District.

Between:

Viaddimsetty Ramana Kumari,
W, fo, Maddimsetty Vasudeva Nrusimha Satvanarayana,
Aged about 40 Years,
58-15-12/1, Sanjeev Nagar,
Rajamahendravaram, East Godavari District

_.Petitioners/Appellani/Defendant No.1
AND
1. Maddimseity Narasimha Rao, S/o. Salyanarayana,
Aged about 70 Years, Occ: Rid. Employee,
HONow16-475/2/4, PVN Colony, Malkajgini, Hyderabad
_ Respondent/Respondent No. 1/Plainttl
2. Vadapalli Venkateswara Rao, S/o, Subba Rao
A ned about 45 years, Occ: Cultivation,

O.No.8-S7/0 3, Vadapailivar Street, Akiveedu,
Wrast  Godavar District

mo

Vadapalll Brahmeaji, S/o. Not known,

Aged about 45 Years, Occ: Culfivation,
D.No.8-97/5, Vadapallivan Street, Akiveedu,
Wiest Godavari District

(Respondent Nos.2 & 3 herein is performa and not necessary parties).

vw. Respondents/Defendants.

[A NO: 1 OF 2018

Petition under Section 151 CPC praying tht in the circurnstances stated
in the affidavit filecl in support of the petition, the High Court may be pleased to
gtay of all further proceedings including execution of decree in pursuant to the
Judgment and Decree in O.5.No0.208 of 2015 dated 30-01-2019 on the file of the
Court of the V Addi. District Judge, Rajamahendravaram.

The petition coming on for hearing, upon perusing the Petition and
the affidavit fled in support thereof and upon hearing the arguments of
Sri. KIVS.S. Prabhakar Rao, Advocate for the Petitioner, and Sn K.
Chidambaram, Advocate for the Respondent.

The Court made the following ORDER:
 

 

HON'BLE SREJUSTICE U. DURGA PRASAD RAD

 

CRP. No.619 OF 2019

Challenge in this CRP at the mstance of defendant Na.] is to

the judgment dated 30.01.2019 in O.S.No.208 of 2015 passed by

learned Vo Additional District fudge, Rajamahendravaram, whereby
plaints suit was deereed and defendants | to 3 were directed to
vacate the plant schedule property within one month from the date af
Judgment and deliver vacant possession of the suit mraperty to the

plant

Par the sake of convenience, the parties fercin after will be
referred la as they were arrayed before the lower court,

3, the factual matrix of the case is thus:

(a) The plaintiffis the father-in-law of DL. D2 is the elder brother

and D3 is the junior paternal uncle OF D1. PlaintifMs case is that he is
the absolute owner of the plaint schedule property as he got the sated
property from his sen Maddimsetti Vasudeva Nrusimha
Satyanarayana, under registered gift deeds dated 19.10.2010 and
i204. 2012. Ever since, the plaintiff and his wife have been residing
ma portion of the plaint schedule property by fetting out half of the
first flaar portion of the building. tis the case of the plaintiff that
after the marriage between [91 and second son of plaintiff, they lived

ab various places like Bangalore, Gujarat, New Delhi, Oatar and Abu

hab Subsequently, Dt alone with her two children lived with the
 

5 LIDPR J
* CRP Na old af 3010

plaintiit for about two years and thereafler, went away to her parents
house in the month of June, 2012 and due to family disputes, she filed
CU NodS3 of 2072 on the file of I Additional fudicial First Class
Magistrate, Bhimavaram, under Section 498A IPC against plaintiff.
his wife and three sons. The trial court convicted them and on appeal,
the HE Additional District and Sessions Judge, Bhimavaram, acquitted
them in Criminal Appeal No.2270 of 2014. 'Vhe husband of DI filed a
Guardian O.P. on the file of Principal District Court, Eburu, for
custody of the children, which was allowed. ffe also fled a Divorce
OP NoTS9 of 2015 on the file of Family Court, Rajahmundry,
seeking divorce against DI. The plaintiff and his wife are nat
cancerred with the matrimonial disputes between DE and her
husband. 'The husband of OL is working at Abu Dhabi and D1 has

been residing in her parental house at Akiveedu.

(bj Further case of plainuff is that, due to dl-advise of D2 and 193,
faking advantage of the old age and sickness of plaintiff and his wife,
all the defendants highhandedly trespassed into the suit property on
PO.OS.2075 between 06.30 and U7.00 p.m. and dispossessed the
plate? and his wife and when questioned, they threatened to kill
them. "Phe neighbours melding Rayudu Pullayya and Kati
Suryavathi tried te mtervene, but the defendants did not heed them.
The plaintiff gave a complaint to Cul. of Police, HE Town Police
Station, Rayabmundrm. A case in Crime No.196 ef 2O1S was

registered for the offences under Sections 448 and 506 IPC against the
 

 

UEP RA
CRP Ned Sof 219

io

defendants. Hence, the plaintiff filed the suit under Section 6 of

specific Relief Act for recovery of possession.

(¢) P1 filed written statement denying the plaint averments. She
admitted the relationship between the parties. She denied the plaint
averments that the defendants trespassed into the suit property and
dispossessed the plain? on 10.08.2015. Her ease is that, she has
been residing in the suit property as a shared houschold of her
husband. I] and her husband used to reside in the plaint schedule
property. Later, her husband and in-laws harassed D1 for additional
dowry, as a result, she lodged a police report and they registered a
ease against her husband and ia-laws under Section 498A IPC. The
trial court convicted the accused whereas the lawer appellate court
acquitted them, against which, an appeal is pending before the High
Court, The husband of TH) also fled a Chuardian O.P. and Divarce
O.P. against DI and the same ae pending. Her further case is that
pending tral of criminal case, the husband of defendant and his
parents colluded together and in order to defeat her right in the shared
household, they have created the att deeds. In fact there was no
acceptance of the gift deeds and possession was never handed over to
the plainti? as per the alleged gift deeds. ED] contended that the
plamtiff was never in possession of the plaint schedule property. The
gilt transactions are sham and collusive, D1, thus, claimed right of
possession and occupation in the plaint schedule property as her
miatnmomal home. She, thus. pruyed to dismiss the suit.
 

4 PPPRI
CRP No Gio af 201

During trial, following issues were framed:

(} Whether the plaintiff is entitled for the relief

oF
vacant possession of the plaint schedule property

after evicting the defendants there fram'
Oi) Yo what reliet?
S. During trial, P.Ws.§ and 3 were examined and bxs.Al to AZ3
were marked on behalf of plainuffh On behalf of deiendants, D.Ws.1
and 2 were examined but no documents were marked. The trial court
having regard to the evidence on record Le. bxs.AS. AS. Ad, AG to
AIS held that the plaintiff could establish his title to the suit property
and the defence set up by the defendants is untenable. 'Phen, the trial
court having regard to the oral evidence of P.Ws.t and 3 held Unu
plaindiif and his wile were in possession of the suit property af
(O.OS 20618. on whieh date the defendants disposed them. The irtal
court then considered the contention of DT that che iS IM possession of
the property by means of shared house hold and held that when suit
property is the exclusive property of plamufl, she cannot clan
passession as u shared hause hold by placing rchance on the judgement
of Hon'ble Apes Court in Sa. Barra and Ors. vy. Faruna Batra'. "Vhe
tial court ultimately decreed ihe suit and directed the defendants to

eviet the suit property within ene month from the date of yudgment.
Henee. the CORP.

G. Licard learned counse! for pelitioner, Sri K.V.S.S Prabhakar

ac and SH K Chidambaram, learned counsel fer respondent.

YOO? ORE ALE 66 (S04
 

LLPRI

- SRP Wo 619 of BOLO

7. (a) Learned counsel for petitioner carped the judgment of the
trial court on twa main grounds, Firstly, he would argue, the trial
court failed te appreciate the contention af the petitioner/Dl in right
perspective. The contention of DI is thai the land covered by the sutt
property was in fact purchased by the hasband of DY and he
eonstructed house thereon with his own funds and therefore, the
property belongs to him.  Tlowever, due to the pendeney of
matrimonial disputes between D1 and her husband, Jatier in collusion
with his parents executed two nonimal and sham aift deeds In favour
of plaintiff? obviously to extirpate the right of JF} and ber clifdren to
reside in the sult property as a shared household. Therefore, the trial
court ought not to have given credence to bins. A? and AB ent deceds to
hold that the plaintiff is the owner of the sul property and ought to

have dismissed the suit in limini.

(6)  Seeondly, learned counsel argued in vehemence that even if the
sult property stands in the name of plamtift by virtue of sift deeds,
however, he cannot treat the same as his exclusive property because
he oabtamed the same through aif deeds from his son i.e.. husband of
D1. Therefore, the property should be treated as a joimt family
property of plaintiff ane his sons. In that view. D1 and her children
will have right of residence as a shared houschold in the said property
and they cannot be termed as trespassers under law. Pte further
argued that as a matier of fact plauntiY and his wife never resided in

the sun property and on the other band, Dt, her children and other
 

G LDP RAJ
° CRE Noi of 2014

defendants have been residing therein. Therefore, the question of LD]
dispossessing the plaintiff and his wile from the suit property does not

arise.

fe) Vhirdly, he would argue. even assuming that the plaintif was
dispossessed from the suit property, be has to file a regular sult for
declaration of his right, evietion of defendants and recovery of
possession, but, he cannot file a summary suit under Section 6 of
Specific Relief Act. 'To buttress his arguments, he placed reliance on

Motd. thrahin and others vo Smt. Manni @. Zainab Bee*. He, thus,

prayed to allaw the CRP and set aside the judgment,

Ss, fa) fn oppuenation, learned counsel! for respondent
Sri RK. Chidambaram would argue that the suit property is the absolute
property of the plainulY inasmuch as he purchased the vacant site
eovered by EX.Al in the name of tis son and thereafter, obtained Joan
From the bank and constructed the house. Since the praperty belongs
to him. his son exeeuted bwe ili deeds in favour of plaintiff As such,
the plaintiff is the full-lledged owner of the sult property, The
plainti® and his wife have been continuously residing in the plant
schedule property by paying municipal tax, electricity bills and water
tax covered by Exs.A6 to AIS and A20 to A22. Therefore. he would
arguc, i iS preposterous to contend that 1D1"s husband is stil the
owner but not the plaindff He conversely argued that even aSsumMing.

that His husband was the owner. by virtue of execution of gift deeds,

a

"OAT CEP ALP SHI
 

HOPRY
CRP Noe io of Topo

~ of

the plaintiff became owner of suit property. Ef ft is the case of
defendants that the gift deeds are sham and nominal documents. it js
for them to file an independent suit te establish the said fret.

(b)  Nexthy, regarding the possession of the plaintiff, Jeamed
counsel argued that apart from the house tax receipts. electricity bills
and water fax receipts, the oral evidence of PWs.) and 3 would
demonstratively show the khas possession of plaintiff in respect of
suit property, Except intermittent stay, Df and her children never
permanently resided in the suit house. On the other hand, when the
relationship between Dt and her husband was cardial, she used to
reside with him in different places like Bangalore, Gujarat, New
Delhi, Qatar and Abu Dhabi. Therefore, the question oF D) residing
in the suit property does not arise. Referring the cross-cxamination of
DW, learned counsel would arvue that m her cross-examination she
clearly admitted that she came lo the suit property on 1O.0S 20845 and
alter she entered the bouse, plaintiff and his wife feft the house. He
would, thus, emphasize that even according to her own admission, she
entered the suit house only on 1 O.OS20TS. Pe argued, her further
version that on seeing her entering the house the plamtiff and his wife
went away from the house is a concoction. Plaintiff and her husband
were ald and sickly people and except the suit heuse, there was no
aboard for them to take shelter and in such circumstances, it would be
highly improbable to believe that on her entering the house. they left

the same. He argued that the obvious conclusion that can be drawn is
 

8 (HIPRO
, CRP Ne eho af ogi

that DE entered the house along wih other defendants on 1QOS.207S
and high handedby necked aut the hapless plaintiff and his wife from
the suit property. Hence, pRUnNG is entitled to recover possession by
Hing summary suit under section & of Specific Relief Act AS he
filed the suit within six months iter his dispossession, the suit was
lovally sustainable.

(ec) Castieuting the contention of D? af having right of residence in
the suit property as a shared household, learned counsel argued that
under law. DY ean exercise such right to stay if the said house
property belongs to her hushand or if her husband obtained the house
on tease and paying rents ar that the house property is a joint fami! ¥
property wherein her husband js having a share. In such an instance.
lat being the wife of one of the members of the joint family can claim
the right of residence, However, he would argue. in the instant ease,
the house property is the exclusive property of the plaintiff and hence.
t's husband cannot claim any right therein subsequent to the
exceution of eilt deeds. As such, DT alse cannot clan the right of
residence in the suid Property, "This aspect was amply discussed and
the contention of DE was negatived by the trial court basing on the
decision of Apex Court in SR Batra and Ors. cause (supra 1). Ve,

thus. prayed to dismiss the CRP.

oY, The point for consideration is whether the judement of trial

courcis factually and legally sustainable?
 

 

9 UDPR.

CRP Nog So af 2015

1Q. Point:
The plaintifi fled the summary suit under Section 6 of Speerhe
Relich Act. tis profitable to extract said section, whieh is thas:

"section 6 - Suit by person dispessesxed of immovable
property: |
(2) Tf amy persan ix dispossessed without his comsent op
immovable property athenvise than in due course of lene,
he or ey person ifthroueh whom he has hees in
possession er aay person! claiming through him men, by
suit, recover possession Hereof, nepvithsteuclit fe ae other
nile that mey be setup in such suit.
(2) Ne suit under ihis section shel! he brought

(ec) after the expiry af sis month from the date of

dISPONsession, a

(2) against the Government,
(2) No appeal shell lie from any order or decree passed in
any suit iistitided under this section, nor shall anv review
of ary such arder ar decree be affowee.
(4) Nothing in this section shall bar any person from NDEI
io establish his tithe to suet property and io recover

Possession thereaf. "

Hi. A study of Section 6 gives us an understanding that the relief of
recovery Of passession to the plaintt? will be mainly based on the
facts that 1) he was in possession of an immovable property from
which he was dispossessed by some other: 2) the plaingtf fled the suit
under Section 6 within six months from the date of his dispossession:

Sy ina suit of this nature, plaintiffs possession rather than his title is a

paramount consideration, 4) the defendant. who claims tithe has te
 

iG LUSPRA
. CRP No.1 pf 2019

establish the same im an independent action and seek for recovery of

POSSESSION,

f2. "Phus. the object of Section 6 manifestly is fo protect the
possession GPa person in respect of an immovable property and if the

other person claims tithe us the said property, such disputed right shall

be decided by due process of Jaw and not otherwise and particularly,
the person claiming the title shall not take fas inte his hands. Vhis
suction is obviously based on public policy. Phe characteristic
features of Seelion 6 were delineated ina slew of decisions.

1) ln Gawfoy Aamar Pandey and Ors. . Gulbahar Sheikh and
Ors. the Lon ble Apex Court observed thus:

"aosett qader Seetion 6 of te Aci is often called a
sununory seit isasmuch as the enquiry in the suit under

Section 6 is canfined to finding eut the possession ane
dispossession witli a periged af six months fram the date
af the jastintion af te suif ienartie fhe question of litle.
Subsections (3) of Section 0 priavides that no appeal shell
fie from anne arder ar decree pasxect icin sud lastitutecd
under tis Section No reviews of any such arder er
decree is pernitttect. fhe remedy af a person
arsuevessfiul ina suit ueder Section 6 of the Act is to file
a reenlar sul establishing bis tithe fa te sill praperty
and in the event of his succeeding he will be entitled to
recever possession af the property notwithstanding the
adverse decision under Section 6 of fhe Aci Thus, ax

' .

: . { a * "aE y pdaos pans fegey i
cece a decision tinder Section @ af ie slot, Ute revision

is availadle but that ix only by avery af ct exception: Jor

SOO CS) ALAR AS CoC} MEANEVSE DADS 20d
 

(i)

Ors,

thus:

* 2005 ¢

"MMF Y

 

 

ij LPR
CRP Mo.G)9 of BOLO

the High Court wanuld nat interfere wiffh a deeree ar
order under Section @ of the let except an a cease for
interference befles sade out within the well settle
parcuneters of the exercise of revisional furisdiction
under Section £85 of the Code."

In Aagvakadhara Constructions vo Kidhansi Lakshenit Bai and
this Court observed thus:

"Ir the sult af this weitere, the guestion af title is rot
vermone. Section 6 af the Aci enviscges o suit few
possession on the premise of dispassessian af ihe plainny?
without his consent of timmovahle property otherwise
thet in due course of law. When the sui is filed under
sectian 6 of the Act for possession, the sole cansicerction
for the Court is possession, The scape of enquiry iy ths
limited' to possession within six moaths inunediately
preceding the dete af filing af ihe suit. in such a suit, the
defendant cannal setup a defence of title in hinwelf The
ony defence that can legitimately be set up ix antecedent
possessor. Fis obvious fran Sub-sectian (1) af Section 6
af the Aet itself, which Revs dent the person dispossessed
can recover possession notwithstandina any other title
that may be setup in such suit, Thus, the scope of enquiry

is (rated to the question af possession,

In Mohd. fhrakhim and Ors. » Munal, this Court observed

"As righily contended by the learned counsel for the
revision petitioners the anly paint for consideration i
this revision would be whether the respandent was in

possession af the peoperty and if she wea forcibly

  
  

6) ALP 805 POPOL OS
Dy ALD IO LAPEE GAZ O06
 

ja LPR]
~ CRP Nog bo of 2g dy

dixpassessed front the property within six montls prior to

the date of filing of the suit."

iv In Katia Penchateswamy and Ors.» Mopurnu Veera
Rayhave Rediy', similar view was expressed by this Court.

Ia. In the light of above jurimetries. it has to be seen whether
plaintiff in the instant case was in possession of ihe suit property and
he was dispossessed fram the same on 10.05.2015 and whether he
Med the suit within six months thereafier. It is needless to emphasize
that the tite of either parties is only academic in the instant suit

though may be prominent ina suit based on title filed by either party.

id. Plamitith was examined as PLW.L. fle deposed in tune with the
plaint averments and stated that he purchased the vacant site ander
XAE ithe name of his son. Since he was retired and it was difficult
ta get loan in his name, hence, the loan was obtained in his name and
inthe name of his son. Plaintiffs claim is that he paid the foan
instalmenis out of his own imoney. His case is that in as much as the
suil property belongs to him, his sen executed two gift deeds under
Exs.A2 and AS in his favour and thereby. the plaintiff became the
absolute owner of the suit property. his is the evidence of plaintill
with regard to the origin of the suit preperty. ft must be noted that
plaintiffs son Maddimseni Vasudeva Nrusimha Satyanarayana is not
a purty to the stat but his wife Le. D1 is the party. Be that it may, D1

also dich net dispute about the facturm of execution of the gifi deeds.

SROPECSS ALTE 303 -- MAN AP IO DEG 20 bof
 

i LOPRA
$ CRP Noo io of 2019

Her case is that the suit property belongs to her husband and in view
of the matrimonial disputes between herself and her husband. he
colluded with his parents and executed sham and nominal gilt deeds
in favour of plaintif obviously to smother ber right af residence in the
suit property. So trom the pleadings and evidence. 1 is clear that
plaintiff's son executed two yilt deeds in favour of plaintif? in respect
of the suit property and though D1 claims the same as a sham
transaction, she has not so far filed any independent suit questioning
the validity of the ait deeds. It is already discussed supra that in a
suit of this nature filed under Section 6 of Specific Rehef Act, tile of
the parties is not germane for consideration except possession. En that
view. for the sake of this suit, the carntentions of defendant with regard
io the validity of the gift decds cannot be taken into consideration. On
the other hand, having regard to the fact that hxs.A2 and Ad are
rogistered gift deeds, the title of the plaintd? for the sake of this sutt

can be accepted though the same is the subject matter ina
comprehensive suit based on title.

18. The next crucial aspect for consideration is whether the mlaintief
was in possession of the suit property and he was dispossessed by DI

to 13 on the evening of 10.05.2015,

fa) A perusal of Exs. Ad, AG to ATS and AZO to AZ? would show
that plaintiff has been paying the house tax, electricity bills and water

tax to the authorities in respect of ihe suit property which imptics that

he has been in occupation of the suit property. Apart from the
 

i LPR
CRP Noobo af 2019

documentary evidence, the oral evidence of P.Ws.] and 3 would also
confiin the same. "Phough 191 contended that the plainuitf was never
in possession bul she has been in possession of the suit property, the
same is not borne out by any record except her parole evidence. So
far as dispossession is concerned. the evidence of P.Ws.t and 3 is
pertinent in that regard. P.W.1 stated that due te the matrimonial
disputes. 1 has been residing in her parents' house at Akiveedu,

whereas his son is working al Abu Dhabi. The plaintiff and his wile

who are sickly persons have been residing

= sr

in the suit fouse, Fle
further Stated that while so, D} on the Hl-advise of D2 and D3, taking
advantage of plaintiffs old age and sickness highhandedly trespassed
ita the plaint schedule property and dispossessed him and his wife on
JO.QS.2078 between 0630 pm and O7.00 pm and when questioned,
they Unreatencd to kil) him and his wife. He further stated that P,.W.3
and Katni Suryaythi who are neighbours tried to intervene and
admonished the defendants but the defendants did not heed. [le stated
that he wave report to CLL of Police. TY Pown Police Station,
Rajahmundry. under ix AA,

(by) PWS. whe is the distant relation ef plaintiY, supported the
versian of plaintiff ane stated that on 10.05.2015, he visited the
plaintiff at abeut 07.00 pm the defendants came there and threatened
the plaintiff and his wife and dispossessed thenr from stint property.
fle stated that though himself and Katni Suryavthi tried to imterfere
and admonish them. they did not listen to them, This is the evidence

relating ta the act af dispossession. "Though these -withesses were
 

 

LHP
CRP Ne.G 12 oF 2079

crogs-examined at fenath, but nothing specific could be extracted to
impeach their credibility. P.W.3 denied the suggestion that plamult,
his son and this witness colluded together and Mled the present suit te
vaeate the first defendant fram the suit property. Thus, the evidence

of PLW.1 gets strength from the deposition of an independent witness

of 2015, plaintiiY clearly stated that on LO.08 POLS. all the three
jefendanis came to their house in the night at about 06.30 or 07 00pm
and trespassed into their house and necked out him and his wife. So
the factum of dispossession of the plaintiff at the instance of the
defendants can be believed. As rightly submitted by the learned
counsel for respondent, D.W.1 in her cross-examination stated that
she came to the suit property on 10.08.2015 and on seeing her, the
plaindiff and his wife left the house, This statement would show that
she was not residing in the house previously and she came to the SUL
hause on 10.05.2015, Her claim that on seeing her, the plaintil! and

bis wife lefi the house cannot be believed in view of other
circumstances. The plaintiff and his wife are aged persons and the
record shows that they have been in possession of the suit house and
therefore, it is highly unbelievable that seeing the defendanis, they
would leave the house. So the evidence on record clearly establishes
the fact that the defendants have highhandedly dispossessed plaintill

and his wife. 'The suit was filed on 02.11.2018 secking recovery of

possession and it is clear that the suit was fled within six menths
 

  

CRP No G)a oft

from the date of dispossession and the meredients of Section 6 are
complied with,

(©) The contention of DT that she hus a: wht of residence in the suig
property is untenable in view of the judgment of Hon'ble Apex Court
in SA Batre aud Ors. v. Taruna Batra fsapra fj. In the above
decision, in the context of the claim of a wife for the shared house
hold. the Apes Court. in the light of provisions under Protection of
Women from Domestic Violence Act, 2005, has observed thus:

"ls regerads Section §7¢1) af the Act. in anc oputicut Une
wife is ony entitled to claim a right to residence in a
shared househald, cada 'sheree household' wouted ody
neat te house belonsine ta or teken wn rent bee fhe
Ausband, ar the house which hei 'anes to (he joint feanily
of which the hushed is a menther Phe Properhy in
quextion in the presenti case netther belongs to Aniit
Batra nor wes it feken on rent by hint sar is i a nae
family praperty of whieh the husband Amit Batra is a
member it is the exchisive proper: of appellant Ne, 2,
matin af Amit Batre. Hence it cannot be called a

'sieved household'.
fd) Jn the instant case also, by virtue of the twe arit deeds, the suit
property cannot be Geated as the property of the husband of DI to
claim right of residence. OF course, this Court is no oblivious of the
contention of DT that the twe gift deeds are sham and nominal ones.
However, such a contention is net available to her in the present suit
and in order to establish the said fact. she can file an indepencent suit.

rat the outset, on the conspeetus al the facts and evidence on recard.,
 

 

7 LIPPRI

CRP No. 619 of FOL9

{do not find any Hlegality or irregularity in the judyment of the trial
court, This CRP is devoid of any merits. Accordingly, this CRP js
dismissed by confirming the judgment of the trial court in O.S.No.208
of 2015 passed by learned Vo Additional District Judge.

Bay aaends sy ches ag eqn .
Rajamahbendravaram. No order as to casts

Miscellaneous petitions, HW any pending, shall stand closed in

consequence, No orderas to casts,

Sdj- MA.SUBHAN
ASSISTANT REGISTRAR
fH TRUE COPY # rare

 

SECTION OFFICER

One Fair Copy to the Hon'ble Sri Justice U.DURGA PRASAD RAO
(For His Lordship's Kind Perusal)

To
4. The V Additional ®District Judge, Rajamahendravaram, East Godavari
District.
2. OLR. Capies.
3 The Under Secretary, Union of india, Ministry of Law, Justice and
Company Affairs, New Delhi --
4. The Secretary, Advocates Association (AP), High Court Bulldings,
Amaravati.
5 One CC to Sri K.V.S.S.Prabhakar Rao, Advocate [OPUC]
6 One CC to Sri K.Chidambaram, Advocate [OPUC]
7. Two C.D. Copies
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