ATLA SIDDA REDDYversusBUSI SUBBA REDDY AND ORS.

                        [2010] 7 S.C.R. 624

A                      ATLA SIDDA REDDY
                                  V.
                BUSI SUBBA REDDY AND ORS.
          (Special Leave Petition (C) No. 4549 of 2008)
                           MAY 06, 2010
B
         [ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.]

        Suit: Suit for declaration of title - Suit property sold by
  D\N-4 by registered sale deed in 1968 - Petitioner claiming
C title over property on the basis of registered sale deed
  executed by DW-4 in 1974 - Held: DW-4 was not competent
  to execute the subsequent sale deed in 1974 in respect of
  same property - Petitioner therefore did not acquire any title
  to the suit property - Deeds and documents.
D
        The petitioner filed a suit for declaration of title to the
  suit property. The basis of petitioner's claim was that suit
  property was sold by DW-4 to 'SG' by a registered deed
  dated 10.5.1974 (Ext.A-1) from whom the petitioner
E purchased the suit property in 1984. The defence of
  defendant was that DW-4 sold the suit property by a
  registered deed dated 22.5.1968 (Ext.B-1) to one 'TH' who
  then sold it on 17.5.1982 to 'PP'. The defendant then
  purchased the suit property from 'PP' by registered deed
  in 1985.
F
       The trial court dismissed the suit and held that in view
  of registered deed dated 22.5.1968 by DW-4, she was no
  longer competent to execute the subsequent sale deed
  in respect of same property in favour of 'SG' through
G whom the petitioner claimed title. The First Appellate
  Court decreed the suit holding that the evidence of DW-
  4 was not reliable as she neither knew 'TH' nor the scribe


H                                624
 ATLA SIDDA REDDY v. BUSI SUBBA REDDY AND 625
                    ORS.
of the sale deed. However, the High Court accepted the A
evidence of DW-4 and held that since Ext.B-1 was prior
in point of time in relation to the subsequent document
executed in favour of 'SG', the petitioner, who had
acquired his title through 'SG', did not acquire any title
to the suit properties. On such finding, the High Court B
reversed the decision of the first Appellate Court.
Aggrieved petitioner filed special leave petition.

    Dismissing the special leave petition, the Court

     HELD: Ext.B2 was a crucial document and was C
admittedly anterior in point of titne to Ext.A1
subsequently executed by DW-4 when she had already
divested herself of title to the suit properties. The
petitioner did not, therefore, acquire any title to the suit
property and the suit was rightly dismissed. [Para 11] [629 D
-A-BJ

    CIVIL APPELLATE JURISDICTIO: SLP (Civil) No. 4549
of 2008.

    From the Judgment & Order dated 18.4.2007 of the High            E
Court of Andhra Pradesh at Hyderabad in Second Appeal No.
656 of 1997.

    A. Subba Rao for the Petitioner.
                                                                     F
    The Judgment of the Court was delivered by

     ALTAMAS KABIR, J. 1. Despite service of notice, the
respondents have not appeared to contest the Special Leave
Petition which is directed against the judgment and order dated
18th April, 2007, passed by the Andhra Pradesh High Court in G
S.A. No.656 of 1997.

     2. In September, 1988, the petitioner filed O.S. No.735 of
1988 in the Court of District Munsif, Cuddapah, inter alia, for
declaration of the petitioner's title to the plaint schedule property H
    626      SUPREME COURT REPORTS                  [2010] 7 S.C.R.


A   and for permanent injunction to restrain the defendant No.1 and
    his men from interfering with the petitioner's peaceful
    possession therein and enjoyment thereof. The Ill Additional
    District Munsif dismissed the petitioner's suit on 29.11.1990,
    upon holding that the petitioner had failed to establish the title
B   of his predecessor-in-interest in the suit land. The petitioner
    preferred an appeal, being A.S. No.113 of 1990, in the Court
    of 1st Additional District Judge, Cuddapah, which was allowed
    on 26th March, 1997. The judgment and order of the trial court
    was set aside and the suit was decreed in favour of the
c   petitioner.

         3. It may be indicated that the defendant No.1 Koppolu
    Subba Reddy, died during the pendency of the appeal before
    the 1st Additional District Judge, Cuddapah, and the
    Respondents Nos. 2 to 4 herein were brought on record as his
D   legal representatives. The respondents herein filed Second
    ~ppeal No.656of1997, in the Andhra Pradesh High Court and
    the same was allowed by the learned Single Judge on 18th
    April, 2007. The judgment and decree of the 1st Additional
    District Judge was set aside and the judgment and decree of
E   the trial court dismissing the petitioner's suit was restored.

         4. In order to appreciate the submissions of Mr. A. Subba
    Rao, learned advocate, appearing in support of the Special
    Leave Petition, it is necessary to set out the facts of the case
F   in brief.

          5. According to the petitioner, the suit property belonged
    to the defendant No.1, Koppolu Subba Reddy who sold the
    same to one Pasupula Lakshmamma by a registered deed of
    sale dated 19.7.1966. Lakshmamma, in her turn, sold the
G   property to one Syed Ghouse Bi alias Chand Begum, a minor
    represented by her guardian and father Syed Ghouse, by a
    registered sale deed dated 10.5.1974 and the same was
    allegedly attested by the defendant No.1 himself. Thereafter,
    Syed Ghouse Bi alias Chand Begum sold the land to the
H   petitioner by a registered deed of sale dated 5.3.1984 and the
 ATLA SIDDA REDDY v. BUSI SUBBA REDDY AND                      627
           ORS. [ALTAMAS KABIR, J.]
petitioner is in peaceful possession and enjoyment of the said A
land in his own right since then. The suit was resisted by the
defendant by filing a written statement wherein it was admitted
that the suit lands originally belonged to the defendant No.1 who
sold the same to Lakshmamma, but the said Lakshmamma
sold all the lands, except Survey No.93/6, to one Thondolu B
Mahaboob Basha, son of Dathagiri by a registered deed of
sale dated 22.5.1968. Subsequently, Thondolu Mahaboob
Basha sold two portions of the said land, namely, Survey No.99/
6 to an extent of 40 cents out of 52 cents and Survey No.99/6
to an extent of 47 cents, comprisin~ the suit land, to Pallampalli    c
Pedda Veera Reddy, by a regisJered deed of sale dated
17 .5.1982. The defendant thereafter purchased the said .two
plots of land from the said Pallampalli Pedda Veera Reddy by
a registered deed dated 7 .11.1985. The defendant,
accordingly, was the absolute owner of the said land and he
has been in possession and enjoyment of the property since D
then.

       6. In the light of the pleadings of the parties to the suit, the
· main issue which fell for decision of the trial court was whether
  the petitioner had acquired title to the suit properties by virtue E
  of the deed of sale dated 5.3.1984 executed in his favour by
  Syed Ghouse Bi alias Chand Begum in view of the case of the
  defendant that Lakshmamma had already sold the suit property
  to one Thondolu Mahaboob Basha by a registered deed of sale
  dated 22.5.1968 (Ext.B2). In other words, what the Court was F
  called upon to decide was whether Ext.B2 extinguished
  Lakshmamma's right in the suit property so that she no longer
  had any right to execute and register the sale deed dated 10th
  May, 1974 executed in favour of Syed Ghouse Bi alias Chand
  Begum.                                                                G

     7. The trial court came to the finding that in view of the
 registered sale deed dated 22.5.1968 executed by
 Lakshmamma in favour of Thondolu Mahaboob Basha in
 respect of the suit property, she was no longer competent to
                                                                       H
    628      SUPREME COURT REPORTS                   (2010] 7 S.C.R


A   execute the subsequent sale deed in respect of the same
    property in favour of Syed Ghouse Bi alias Chand Begum
    through whom the plaintiff/petitioner claims title. The trial court
    thereupon dismissed the suit.

B        8. The First Appellate Court, however, chose not to rely on
    the evidence of Lakshmamma, (DW.4), who in her deposition
    was not certain as to how the sale deed was said to have been
    executed by her in favour of Thondolu Mahaboob Basha as she
    neither knew him nor the scribe, who is said to have written the
C   sale deed.

         9. The First Appellate Court held that the testimony of
    DW.4, Lakshmamma, did not inspire confidence and,
    accordingly, discarded the same as far as the sale deed in
    favour of Thondolu Mahaboob Basha on 22.5.1968 (Ext.B2) is
D   concerned and relied on the subsequent deed executed in
    favour of Syed Ghouse Bi alias Chand Begum dated 10.5.1974
    (Ext.A 1), and decreed the suit.

          10. As indicated herein before, the High Court accepted
E   the evidence of DW.4 Lakshmamma and came to a finding that
    by virtue of Ex.B2 she had transferred all her rights, title and
    interest in the suit properties in favour of Thondolu Mahaboob
    Basha and having divested her of the title to the suit properties,
    she was no longer competent to execute a further sale deed in
    respect of the same property in favour of Syed Ghouse Bi on
F   16.3.1974 (Ex.A 1). The High Court having accepted the sale
    deed dated 22.5.1968 in favour of Thondolu Mahaboob Basha
    as being genuine, it came to the conclusion that since the said
    document was prior in point of time in relation to the subsequent
    document executed in favour of Syed Ghouse Bi, the plaintiff/
G   petitioner, who had acquired his title through Syed Ghouse Bi
    alias Chand Begum, did not acquire any title to the suit
    properties. On such finding, the High Court reversed the
    judgment and decree of the first Appellate Court.

H         11. The factual aspect having been dealt with in detail by
 ATLA SIDDA REDDY v. BUSI SUBBA REDDY AND                       629
           ORS. [ALTAMAS KABIR, J.]
the Courts below, ending in the findings of the High Court, we          A
are not inclined to delve into the facts any further. As indicated
by the trial Court, Ext.82 is a crucial document and was
admittedly anterior in point of time to Ext.A1 subsequen tly
                                                                  1
executed by DW.4 in favour of Syed Ghouse Bi when she had
already divested herself of title to the suit properties. The           B
petitioner did not, therefore, acquire any title to the suit property
and the suit was rightly dismissed.

     12. Having regard to the above, the submissions advanced
on behalf of the petitioner do not warrant any interference with        C
the order of the High Court impugned therein and the same is,
accordingly, dismissed, but without any order as to costs.

D.G.                          Special Leave Petition dismissed.