MAMIDI SAMBASIVA RAO Vs. BALI AMMANNA
LAWS(APH)-2011-1-73
HIGH COURT OF ANDHRA PRADESH
Decided on January 20,2011

MAMIDI SAMBASIVA RAO Appellant
VERSUS
BALI AMMANNA Respondents

JUDGEMENT

- (1.)This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is directed against the judgment and decree, dated 28.07.2004, in C.M.A. No. 15 of 2004 on the file of Additional Senior Civil Judge (Fast Track Court) Gudivada.
(2.)The brief facts of the case are as follows:
The suit schedule property admeasuring 73 square yards, a residential site with premises bearing No. 6/339, with assessment No. 6781, consisting of two rooms with cement sheet roof, was originally assigned to the second Defendant under Ex. B-1 patta, dated 10-10-2010. The second Defendant is no more. Defendant Nos. 3 to 6, who are his legal representatives, have been added as parties to the suit. The Petitioner herein claims that he has purchased the suit schedule property from the second Defendant under an agreement of sale, dated 03.01.1990, for a valuable consideration of Rs. 5,000/- and he obtained the decree in O.S. No. 152 of 1999, dated 28.04.2000. Pursuant to the said judgment, the Petitioner filed E.P. No. 148 of 2001 seeking a direction to the Respondents to execute a registered sale deed.

(3.)The Respondents have resisted the claim of the Petitioner contending that the Petitioner had obtained an ex parte decree and the property in question is a Government Formbook land and that it was assigned to the second Defendant. Since it is an assigned land for construction of a house, the same cannot be alienated and the agreement of sale is hit by the provisions A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (for short, 'the Act').


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