Nadella Estate

when the original owner died prior to execution of general power of attorney infavour of defendant, the question of defendantvendor said to be sold the suit property to the defendant does not arise.Considering the aforesaid evidence and the documents as mentioned above, it amply transpires that the plaintiff has made its case especially to the effect that Lakshmikanthaiah died on 03-04-1997 and under Exs.A-1 to A-3, they acquired title. Whereas all the documents filed in support of the defendant, especially they are the purchasers under Exs.B-6 to B-8 and earlier purchasers under Exs.B-5 and B-6, could not have any assistance. In view of the death of Badai Lakshmikanthaiah much earlier, there could not have been any such transaction in his name or in respect of any right, title and interest either of him or of the persons who succeeded. There is no dispute in regard to the execution of Exs.A-1 to A-3 by the sons of Badai Lakshmikanthaiah and the relationship inter se and supported the version to the effect that Badai Lakshmikanthaiah died on 03-04-1997. Apart from Ex.A-5, death certificate, which has been filed by the plaintiff, which virtually stood proved and remained unrebbutted by the examination of PW-3, there is also another document in Ex.A-4, legal heir certificate issued by the M.R.O., Ramchandrapuram, which also reiterates the fact that Badai Lakshmikanthaiah died on 03-04-1997 and the said certificate was issued after due enquiry. Further it discloses that on the strength of the certificates issued by the Panchayat Secretary, Edula Nagulapally and the MRO, it is to be certified that Badai Lakshmikantham or Lakshmikanthaiah S/o Narayana died on 03-04-1997 leaving behind the family members as mentioned therein. Ex.A-5, as stated above, shows his death on 03-04-1997. These two proceedings, inspite of knowledge on the part of the defendant, have remained unchallenged in the manner known to law. Thus it conclusively proves that the original pattedar Lakshmikanthaiah died on 03-04-1997. Therefore, the specific plea taken, though without any date as such, by the defendant that Lakshmikathaiah died in the year 2004 is incorrect and the said plea has totally remained unproved. The burden in this regard, which stands shifted to the defendant, has not been in any way taken care of nor there is any attempt to discharge the same. It is to be seen that DW-2, their own witness, who has been declared as hostile admits about the death of Lakshmikanthaiah about 15 or 20 years back. It is also to be taken that Exs.A-4 and A-5 are the public documents as per Section 74(1) (i) and (ii) of the Indian Evidence Act and certified copies thereof are sufficient enough proof for the contents as contemplated under Section 74. Under Section 79 of the Indian Evidence Act, there is ample presumption arising in regard to the genuineness of these copies apart from the fact that they have been already proved by the appellant through PW-3. Therefore, there is no reason to cast any spell of doubt on these documents. Whereas no foundation has been laid much less any proof is brought forth by the defendant to rebut the presumptions and correctness in respect of Ex.A-5. The said Ex.A-5 is perfectly in the format in Form-10 as contemplated under the Andhra Pradesh Registration of Births and Deaths Rules, 1977. Therefore, Ex.A-5 stands amply proved. Thus the approach of the Court below and the finding based thereon is totally erroneous and liable to be set at naught. In view of the aforesaid findings as arrived at, we hold that the plaintiff has not only established valid right, title and interest in his favour, but also established the fact that Lakshmikanthaiah died on 03-04-1997. Thus the findings of the Court below are totally erroneous and liable to be set aside and further that the defendant has utterly failed to establish their specific pleas, on which heavy burden lies on them to prove about the alleged death in the year 2004. In view of the aforesaid reasons, the judgment and decree of the Court below in O.S.No.83 of 2006, dated 08-02-2010 is set aside.

HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE R. KANTHA RAO   A.S.No. 240 of 2010 Date:  14-03-2011   Between:   VLS Prasad ……….. appellant and M/s. Strip India Limited ……… respondent HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE R. KANTHA RAO   A,S.No. 240 of 2010   JUDGMENT: (Per BPR, J) … Continue reading →