Andhra Pradesh High Court – Amravati
Naraganti Ramakrishnaiah Died vs P.Nalini on 18 July, 2025
APHC010483382023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO SECOND APPEAL NO: 469 OF 2023 Between: 1. Naraganti Ramakrishnaiah Died, S/o Late N.Munaswamy Chetty, aged about 74 years, Occ- Agriculturist, R/o Guravaraju Palli village, Renigunta Mandal, Tirupathi District. 2. Naraganti Saraswathamma, W/o Late N.Venkatamuni Chetty, aged about 74 years, Occ- House wife R/o R/o Guravaraju Palli village, Renigunta Mandal, Tirupathi District. 3. Tenepalli Sankaraiah, S/o Ramachandraiah, aged about 59 years, Occ- Advocate R/o D.no.18-2-187/A, Ashok Nagar, Tirupathi town and District. 4. Tenepalli Ramachandraiah, S/o Late Veeraswamy Chetty, aged about 89 years, Occ- Agriculturist, R/o Guravaraju Palli village, Renigunta Mandal, Tirupathi District. 5. Naraganti Malleswaramma,, W/o Late Naraganti Ramakrishnaiah, Aged about 65 years, R/o Guravaraju Palli, Renigunta Mandal, Tirupati District. 6. N. Munikrishnaiah,, S/o Late Naraganti Ramakrishnaiah, Aged about 37 years, R/o Guravaraju Palli, Renigunta Mandal, Tirupati District. 7. K. Vijayalakshmi,, W/o Venugopal, Aged about 45 years, R/o Guravaraju Palli, Renigunta Mandal, Tirupati District. 8. K. Jyothi,, W/o Ramakrishna, Aged about 42 years, R/o Guravaraju Palli, Renigunta Mandal, Tirupati District. 9. J. Neeraja,, W/o Chandrasekar, Aged about 40 years, R/o Guravaraju Palli, Renigunta Mandal, Tirupati District. (As per the Court order dated 04.07.2025, appellant Nos. 5 to 9 are brought on record as LRs of the deceased appellant No.1, vide I.A.No.3 of 2025 in S.A.No.469 of 2023) ...Petitioners AND 1. P Nalini, W/o Late Kannaiah Naidu, aged about 45 years, R/o D.No.12/25B, Bugga Street, Renigunta town and Mandal, Tirupathi District. ...Respondent Appeal under section ___________ against ordersMemorandum of Second Appeal against the Judgment and Decree passed in A.S.No.20 of 2018 dated 13-4-2018 on the file of the V Additional District Judge, Tirupati, Chittoor District Confirming the Judgment and Decree in O.S.No.511 of 2009 dated 25-10-2017 on the file of the Principal Senior Civil Judge, Tirupathi, Chittoor District IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay the Judgment and Decree passed in A.S.No.20 of 2018 dated 13-4-2023 on the file of the V Additional District Judge, Tirupati, Chittoor District Confirming the Judgment and Decree in 0.S.No. 511 of 2009 dated 25- 10-2017 on the file of the Principal Senior Civil Judge, Tirupathi, Chittoor District IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay the EP 90 of 2023 in A.S.No.20 of 2018 on the file of the Principal Senior Civil Judge, Tirupati pending disposal of the above second appeal and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 378 days in filing the LR application in the above second appeal SA No. 469 of 2023 and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to set aside the abatement caused due to the death of the 1st appellant in bringing the Legal Representatives in the above second appeal SA No. 469 of 2023 and pass IA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to bring the proposed appellants no. 5 to 9 as legal heirs of deceased 1st appellant as appellants no. 5 to 9 in the above second appeal SA No. 469 of 2023 and pass Counsel for the Petitioners: P GANGA RAMI REDDY Counsel for the Respondent S PRANATHI The Court made the following order: Judgment: This second appeal is filed aggrieved against the judgment and decree dated 13-4-2023 in A.S.No.20 of 2018 on the file of the V Additional District Judge, Tirupati, Chittoor District, confirming the judgment and decree dated 25-10-2017 in O.S.No.511 of 2009 on the file of the Principal Senior Civil Judge, Tirupati. 2. The appellants herein are defendants 1 to 4 and the respondent is plaintiff in O.S.No.511 of 2009 on the file of the Principal Senior Civil Judge, Tirupati. 3. During the pendency of the second appeal, the 1st appellant/ 1st defendant died and as per Court order dated 04-7-2025, the appellants 5 to 9 are brought on record as legal representatives of deceased 1st appellant, vide I.A.No.3/2025. 4. The plaintiff initiated action in O.S.No.511 of 2009 on the file of the Principal Senior Civil Judge, Tirupati, for declaration to declare the title of the plaintiff over the plaint schedule property, directing the defendants to deliver vacant possession of the same and for costs of the suit. 5. The learned Principal Senior Civil Judge, Tirupati, decreed the suit with costs, declaring the title of the plaintiff over the plaint schedule property and directing the defendants to deliver vacant possession of the same to the plaintiff within three months from the date of that judgment, failing which the plaintiff is entitled to take delivery through process of the Court. Felt aggrieved of the same, the unsuccessful defendants in the above said suit filed the aforesaid appeal suit before the first appellate Court. The learned V Additional District Judge, Tirupati, dismissed the first appeal by confirming the judgment and decree passed by the trial Court. Aggrieved thereby, the unsuccessful defendants/appellants approached this Court by way of second appeal. 6. For the sake of convenience, both parties in the second appeal will be referred to as they are arrayed in the original suit. 7. The case of the plaintiff, in brief, as set out in the plaint averments in O.S.No.511 of 2009, is as follows: (a) It is pleaded that plaint schedule property in Survey Nos.77 and 77/1 of Guravarajupalli Village out of an extent of Ac.13-25 cents originally belonged to one Naraganti Munaswamy Setty. The 1st defendant is the son of late Munaswamy Setty and the 2nd defendant is daughter-in-law and sister-in- law of the 1st defendant. The defendants 1 and 2 formed a layout in the name of Sri Venkateswara Colony, Guravarajupalli, towards south of Renigunta- Srikalahasthi road. After forming the layout, they started Lucky Dip Scheme by appointing the defendants 3 and 4 as their agents to canvass and collect amounts from prospective purchasers of house plots and also members of the scheme. As per the scheme, the members have to pay monthly installments for the plots and whoever was successful in draw, the successful person need not pay further installments and a regular registered sale deed would be executed in his favour. Accordingly, they issued printed cards in token of receipt of the amounts. (b) It is further pleaded that the plaintiff's husband Paritala Kannaiah joined the scheme after confirmation from the defendants 1 and 2 that the defendants 3 and 4 are their agents. The defendants also showed the layout formed in the said Survey numbers where they laid mud roads and stones for house plots. The plaintiff's husband Paritala Kannaiah became successor and obtained sale deed on 25-7-1994 for Plot No.17 i.e. plaint schedule property and obtained possession of the same. The 2nd defendant executed a registered General Power of Attorney dated 16-9-1993 in favour of the 1st defendant authorizing him to act as an agent on her behalf. Hence, the 1st defendant, on his behalf and on behalf of the 2nd defendant, delivered possession of the plaint schedule property. Thus, the plaintiff's husband Paritala Kannaiah got possession of the plaint schedule property by virtue of registered sale deed. The said Paritala Kannaiah died on 18-4-2004 leaving behind the plaintiff as his legal heir to succeed his estate. Thus, the plaintiff became absolute owner of the plaint schedule property. (c) It is further pleaded that the defendants illegally and unlawfully trespassed into the plaint schedule property and removed the boundary stones. The plaintiff got the land surveyed by a retired Surveyor on 04-4-2009 and also fixed up boundary stones. On the same day evening, the plaintiff and other plot owners came to know that in their absence, the defendants 1 and 2 with the support of the defendants 3 and 4, who are also close relatives of the defendants 1 and 2, removed the survey stones. Then, the plaintiff and others jointly gave a paper publication and issued a legal notice on 29-4-2009 to the defendants. The defendants having received the notice, did not give any reply. Further, the defendants 3 and 4 approached the plaintiff and others and attempted to settle the issue by offering meager amount. Hence, the plaintiff is constrained to file the suit. 8. The 1st defendant filed written statement, which was adopted by the 2nd defendant, denying the contents of plaint averments and further contended as follows: (a) It is denied that Munaswamy Setty is absolute owner of the land in Survey No.77/1 in an extent of Ac.13-25 cents of Guravarajupalle Village. It is contended that he died intestate leaving behind him, his wife, three sons and five daughters and after his death, all his three sons were living jointly and one of his sons Venkatamuni Chetty was managing the affairs of joint family till his death in the year 1987 leaving behind the 2nd defendant and three daughters. Later, the 1st defendant was managing the affairs of joint family and they did not partition their properties and they are living jointly. All the five daughters of Munaswamy Setty have got equal share in the properties along with his sons. As on that day, the agricultural lands were not converted into house plots. The 1st defendant and others sons of Munaswamy Setty got equal rights in the plaint schedule property. Some extent of the land was sold to others under various registered sale deeds in or about 1990. (b) It is further contended that an extent of Ac.3-31 cents of land was acquired by the Government for the purpose of forming a road to the Airport in the year 2002 out of the land in Survey No.77/1 and the Government paid compensation to one Bhaktavatsalam and others under an award. The 1st defendant's son viz., Munikrishnaiah filed the suit in O.S.No.48 of 2009 on the file of VI Additional District Court, Tirupati, for partition of family properties against the defendants 1 and 2 and others and the said suit is pending. It is prayed to dismiss the suit. 9. The 3rd defendant filed separate written statement, which was adopted by the 4th defendant, admitting that after receiving legal notice by plot owners jointly on 29-4-2009 to the defendants, the plaintiff approached the defendants and mediation was also held and as such, they could not give any reply to the said notice. It is contended that he is unnecessarily added as party to the suit and he is nothing to do either with the ownership of property or execution of sale deed in favour of the plaintiff as alleged by the plaintiff and hence, he is unnecessary party to the suit and he is impleaded with an ulterior motive to obtain wrongful gain. There is no cause of action against the defendants 3 and 4. Further, the plaintiff did not seek any relief against them and the plaintiff is also stranger to them and on this ground, the suit is liable to be dismissed against them with exemplary costs. It is further contended that the suit is barred by limitation and they prayed to dismiss the suit. 10. On the basis of above pleadings, the learned Principal Senior Civil Judge, Tirupati, framed the following issues for trial: (1) Whether the plaintiff is entitled for declaration of suit schedule property as prayed for ? (2) Whether the defendants are liable to deliver the vacant possession of the suit schedule property ? (3) Whether the defendants 1 and 2 have exclusive right over the schedule mentioned property ? (4) Whether the suit is barred by limitation ? and (5) To what relief ? 11. During the course of trial in the trial Court, on behalf of the plaintiff, P.Ws.1 to 3 were examined and Exs.A-1 to A-11 were marked. On behalf of the defendants, D.Ws.1 and 2 were examined and Exs.B-1 and B-2 were marked. 12. The learned Principal Senior Civil Judge, Tirupati, after conclusion of trial, on hearing the arguments of both sides and on consideration of oral and documentary evidence on record, decreed the suit with costs. Felt aggrieved thereby, the unsuccessful defendants filed the appeal suit in A.S.No.20 of 2018 before the learned V Additional District Judge, Tirupati, wherein, the following point came up for consideration: Whether the respondent/plaintiff was prospective purchaser of plot sold by defendants 1 and 2 by propagating through defendants 3 and 4 and that the judgment and decree passed by the trial Court are factually and legally sustainable or not ? 13. The learned V Additional District Judge, Tirupati, i.e., the first appellate Judge, after hearing the arguments, answered the point, as above, against the defendants/appellants and in favour of the plaintiff/respondent and dismissed the appeal suit filed by the defendants. Felt aggrieved of the same, the unsuccessful defendants in O.S.No.511 of 2009 filed the present second appeal before this Court. 14. After the institution of second appeal by the defendants in the suit, this Court ordered notice to the respondent before admission and the said notice was served on the respondent/plaintiff. Heard Sri P. Gangarami Reddy, learned counsel for the appellants/defendants and Sri M. Rahul, learned counsel, on behalf of Smt. S. Pranathi, learned counsel for the respondent/plaintiff. 15. It has to be kept in mind that the right of appeal is neither a natural nor an inherent right attached to the litigation. It is regulated in accordance with law. A second appeal preferred under Section 100 of the Code of Civil Procedure could be admitted only when the appellant satisfies the Court that substantial question of law between the parties arise in the case. A proper test for determining whether a question of law raised in the case is substantial would be or whether it directly and substantially affects the rights of the parties and if so, whether it is either an open question in the sense that it is not finally settled by the superior Courts or is not free from difficulty or cause for discussion of alternative views. In the case of Boodireddy Chandraiah v. Arigela Laxmi1, the Apex Court held that it is not within the domain of the High Court to investigate the grounds on which the findings were arrived at by the last Court of fact namely, the first appellate Court. In a case where from a given set of circumstances two inferences of facts are possible, one drawn by the lower appellate Court will not be interfered by the High Court in a second appeal. Adopting any other approach is not permissible. Where, the facts required for a point of law have not been pleaded, a litigant should not be allowed to raise that question as a substantial question of law in second appeal. Mere appreciation of facts, documentary evidence and contents of documents cannot be held to be raising a substantial question of law. 16. The defendants having chosen to invoke the jurisdiction of this Court under Section 100 of Civil Procedure Code, it is for them to meet the above principles and satisfy the Court whether there exists any substantial question of law. 17. This second appeal is filed against the concurrent findings arrived by both the Courts below, therefore the grounds urged in the second appeal are to be scrutinized to find out whether the appellants have shown any substantial question of law. The contention of appellants is that the judgment and decree of the trial Court as well as the first appellate Court are contrary to law and that the second appeal may be allowed by setting aside the judgments and decrees passed by both the Courts below i.e. the trial Court and the first appellate Court. 1 (2007) 8 SCC 155 18. The undisputed facts of both the parties are that the plaint schedule property in Survey Nos.77 and 77/1 of Guravarajupalli Village out of an extent of Ac.13.25 cents originally belongs to Naraganti Munaswamy Setty and he died intestate. The 1st defendant is the son of late Naraganti Munaswamy Setty and the 2nd defendant is the daughter-in-law and sister-in-law of the 1st defendant. The plaint schedule property is Plot No.17, situated in Survey No.77 in an extent of 240 square yards. The relationship in between the defendants 1 and 2 is not at all disputed by the defendants. The specific case of the plaintiff is that the defendants 1 and 2 formed a layout in the name of Sri Venkateswara Colony, Guravarajupalli Village, towards south of Renigunta-Srikalahasthi road. After forming the layout, they started Lucky Dip Scheme by appointing the defendants 3 and 4 as their agents to canvass and collect amounts from prospective purchasers of the house plots and also the members of the scheme. It is also further specific case of the plaintiff that as per the said scheme, the members have to pay monthly instalments for the plots and whoever was successful in the draw, the successful person need not pay further instalments and a regular registered sale deed would be executed in his favour and they also issued printed cards in token of receipt of the amounts. 19. The 1st defendant filed a written statement and the 2nd defendant adopted the same. They pleaded in the written statement by admitting that Munaswamy Setty is absolute owner of the plaint schedule property and he died intestate leaving behind his wife, three sisters and five daughters and they are living jointly and all are having equal shares in the plaint schedule property. The execution of registered General Power of Attorney in favour of the 1st defendant by the 2nd defendant, as if she had ownership over Ac.2-00 of land by authorizing the 1st defendant to sell the plaint schedule property is not at all disputed either by 1st defendant or 2nd defendant. The execution of Ex.A-1 registered sale deed by the 1st defendant himself and as a Power of Attorney Holder on behalf of the 2nd defendant is undisputed by the defendants 1 and 2. 20. The plaintiff herein filed the suit for declaration of title and recovery of possession of the plaint schedule property. The plaintiff produced original registered sale deed dated 25-7-1994. The plaintiff also relied on Ex.A-5 Award in Award No.54/2002 relating to acquisition of land to an extent of Ac.3-31 cents in Survey No.77/1B2 in the name of N. Bhakthavatsalam, N. Vidyadhar and N. Bhargava Ramana. In Ex.A-5, it is narrated that N. Vidyadhar and N. Bhargava Ramana got Ac.1-00 of land each through settlement deed dated 20-5-1998. The same are exhibited as Exs.A-6 and A-7. It also goes to show that N. Bhargava Ramana got Ac.2-00 in Survey No.77/1E and he got the above property from his father and it was recited in the document that an extent of Ac.1-31 cents belongs to him. It is also reiterated in the said document that some extent in Survey No.77 was sold for the purpose of house sites. Therefore, on a conjoint reading of evidence of P.W.1 and Exs.A-1 and A-3 to A-11, it is quite clear that the 1st defendant and his two brothers were exercising independent rights over the property and the plaint schedule property with some other property fallen to their share. The defendants 1 and 2 laid plots in the property fell to their share. It is also further quite clear that the defendants 1 and 2 started Lucky Dip Scheme by appointing the defendants 3 and 4 as their agents to canvass and collect amounts from prospective purchasers of house plots and also the members of the scheme. Ex.A-4 also supports the same. It was specifically contended by the 3rd defendant that he is no way connected to this case and he is unnecessarily shown as a party. In fact, the 3rd defendant has taken two stands, on the one hand, he stated that he is no way connected with the subject matter of the suit and on the other hand, he supported the defendants 1 and 2 in all other aspects. The 4th defendant is none other than the 3rd defendant's father. Either the 1st defendant or the 4th defendant did not enter into the witness-box. The 1st defendant on his behalf and on behalf of the 2nd defendant as a registered General Power of Attorney Holder, executed the original registered sale deed under Ex.A-1 in favour of the plaintiff's husband and subsequently, the plaintiff's husband died and the right and title in the plaint schedule property is exercising by the plaintiff as deceased husband's wife. The 1st defendant did not enter into the witness-box to deny Ex.A-1 registered sale deed. The 4th defendant also did not enter into the witness-box to show that he is no way connected to the suit transaction. Neither the 3rd defendant nor the 4th defendant did take any steps to prove the disputed signatures on Ex.A-4 printed card and bunch of receipts. 21. The learned counsel for respondent would contend that the defendants 3 and 4 are family members of defendants 1 and 2 and altogether formed a Lucky Dip Scheme and the 3rd defendant collected amounts from the subscribers and passed receipts under Ex.A-4 and signed by the 3rd defendant on all those receipts and those are marked as Ex.A-4. The 4th defendant signed the same as an agent on the receipts attached the printed card of Ex.A-4 and the defendants 3 and 4 signed on some receipts and others also signed on some receipts. It is also clear that Ex.A-4 was confronted to the 3rd defendant/D.W.2. He denied his signatures and the signatures of his father on the receipts attached to Ex.A-4, but they did not take any steps to prove that Ex.A-4 does not contain their signatures. Furthermore, the 3rd defendant also admitted about filing of the case by one Rajendra Prasad against him and others and the same is also pending. 22. The learned counsel for appellants would contend that in fact, the defendants 3 and 4 are no way connected to this case, though a specific defence has been taken by the appellant/3rd defendant, no finding was given on the said aspect by the learned first appellate Judge. The learned counsel for appellants placed reliance on Laliteshwar Prasad Singh v. S.P. Srivastava (Dead) Through LRs2. In the said case, the Apex Court held as follows: "12. ... ... ... It is well settled that the first appellate court shall state the points for determination, the decision thereon and the reasons for decision. However, it is equally well settled that mere omission to frame point/points for determination does not vitiate the judgment of the first appellate court provided that the first appellate court records its reasons based on evidence adduced by both the parties." In the case of Nafees Ahmad v. Soinuddin3, the Apex Court held as follows: "Order XLI, Rule 30 of C.P.C does not make it incumbent on the Appellate Court to refer to any part of the proceedings in the court from whose decree the appeal is preferred. The Appellate Court can refer, after hearing the parties and their pleaders, to any part of these proceedings to which reference be considered necessary. It is in the discretion of the Appellate Court to refer to the proceedings. It is competent to pronounce judgment after hearing what the parties or their pleaders submit to it for consideration. It follows therefore that if the appellant submits nothing for its consideration, the Appellate Court can decide the appeal without any reference to any proceedings of the courts below and, in doing so, it can simply say that the appellants have not urged anything which would tend to show that the judgment and decree under appeal were wrong." 23. The plaintiff substantially pleaded in the plaint and also in the evidence that how the defendants 3 and 4 are connected to the suit transaction by proving Ex.A-4 printed card and bunch of receipts signed by the defendants 3 and 4. By giving cogent reasons, both the trial Court and the first appellate Court disbelieved the defence of the defendants 3 and 4 that they are no way connected to the suit proceedings. 24. The execution of sale deed under Ex.A-1 is not at all disputed by the defendants 1 and 2. In the present case, the plaintiff is having valid title under 2 (2017) 2 SCC 415 3 2025 SCC Online 826 the registered sale deed in respect of the plaint schedule property and the registered sale deed is not legally cancelled. Unless and until the said registered sale deed is legally cancelled, the plaintiff is entitled for recovery of possession of the plaint schedule property. The law is well settled in a catena of decisions of various High Courts in which it has been held that even if the whole of the price is not paid, the transaction of sale will take effect and title would pass under that transaction. 25. It is also equally well settled that non-payment of a portion of the sale price would not affect validity of the sale. Even if the whole of the price is not paid, but the document is executed and thereafter registered, the sale would be complete and title would be on the transferee under the transaction. In the case on hand, admittedly, no plea is taken by the defendants 1 and 2 that the registered sale deed was executed without passing any consideration. 26. For the aforesaid reasons, I am of the considered view that both the Courts below came to right conclusion that the plaintiff is having right and title in the plaint schedule property and the plaintiff is also entitled to the relief of recovery of possession of the plaint schedule property and a decree was passed against all the defendants. The aforesaid findings, in my considered view, remain unimpeachable from the evidence led by the parties. 27. Having regard to the reasons assigned, this Court is satisfied that the concurrent findings of fact recorded by both the Courts below on all the issues in favour of the plaintiff and against the defendants do not brook interference and that both the Courts below are justified in decreeing the suit of the plaintiff. The findings of fact recorded by both the Courts below were based on proper appreciation of evidence and the material on record and there was neither illegality nor irregularity in those findings and therefore, the findings do not require to be upset. Further, the existence of a substantial question of law is a sine qua non for the exercise of jurisdiction by this Court as per Section 100 of Code of Civil Procedure. The questions raised, strictly speaking, are not even pure questions of law, let alone substantial questions of law. 28. In the result, the second appeal is dismissed at the stage of admission, confirming the judgments and decrees of both the Courts below. Pending applications, if any, shall stand closed. Each party do bear their own costs in the second appeal. REGISTRAR //TRUE COPY// SECTION OFFICER To, 2. One CC to SRI. P GANGA RAMI REDDY Advocate [OPUC] 3. One CC to SRI. S PRANATHI Advocate [OPUC] 4. Two CD Copies HIGH COURT VGKRJ DATED:18/07/2025 ORDER
SA NO. 469 OF 2023