THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.6157 of 2010 ORDER: The respondent filed O.S.No.93 of 2010 in the Court of the Principal Junior Civil Judge, Nandyal against the petitioner for the relief of declaration of title and perpetual injunction in respect of an extent of Acs.2.75 cents of agricultural land. He has also filed I.A.No.288 of 2010 under Order 39 Rule 1 C.P.C. for temporary injunction. The I.A. was dismissed on , through order, dated 26.10.2010. Thereupon, the respondent filed C.M.A.No.10 of 2010 in the Court of the III Additional District Judge, Kurnool at Nandyal. The appeal was allowed on 23.11.2010. Hence, this revision. Sri P.Nagendra Reddy, learned counsel for the petitioner, submits that the documentary evidence clearly proved that the petitioner is in possession of the suit schedule property ever since he purchased the same through a sale deed, dated 06.12.2009. He further submits that the petitioner placed before the trial Court, link documents up to the year 1977, pattadar pass book, title deed and other documents to prove his possession. He further submits that the trial Court has recorded a specific finding to the effect that the respondent failed to prove his possession and still, the lower appellate Court had allowed the appeal. Sri Koteswara Prasad, learned counsel for the respondent, on the other hand, submits that the vendor of the petitioner purchased the property in the year 1955 and ever since then, they were in possession of the property. He submits that the sale in favour of the respondent is in the year 2007, much prior to the purchase made by the petitioner. He further submits that the lower appellate Court had furnished cogent reasons in support of its conclusions and that the revision is liable to be dismissed. To prove his contention that he is in possession of the suit schedule property as on the date of filing of the suit, the respondent filed Exs.A1 to A8. Ex.A1 is the sale deed in his favour and Ex.A2 is the sale deed in favour of his vendor. He did not file any pattadar pass book or title deed. Other documents are in the form of legal notices, plan and No.3 adangals. In one of them, the respondent is shown to be in possession of the suit schedule property. The petitioner on the other hand, filed Exs.B1 to B11, important among them are Exs.B7 and B8, pattadar pass book and title deed issued by the Tahsildar. No.3 adangals for two years are also filed as Exs.B5 and B9. The existence of pattadar pass book and title deed in favour of the petitioner is certainly a factor, which needs to be taken into account. Things would have been different altogether, had there been similar documents in favour of the respondent. Though the sale in his favour is in the year 2007, he did not take steps to obtain pattadar pass book and title deed. Another important aspect is that the vendor of the respondent filed O.S.No.180 of 2007 for the relief of perpetual injunction against the vendors of the petitioner. I.A.No.493 of 2007 filed for the relief of temporary injunction was dismissed by the Court of the Principal Junior Civil Judge, Nandyal. C.M.A.No.180 of 1007 filed in the Court of the Additional District Judge, Nandyal was also dismissed on 07.09.2007. These are very important factors, which weakened the case of the respondent. The lower appellate Court did not take these aspects into account and it allowed the C.M.A. and thereby, allowed the I.A. As the things stand now, the record does not reflect the possession of the respondent over the suit schedule property. In case the respondent is able to secure pattadar pass book and title deed in his favour and entries made in the revenue records, he can certainly file an application under Order 39 Rule 4 C.P.C. by pleading the changed circumstances. Hence, the civil revision petition is allowed and the order under revision is set aside. The trial Court shall endeavour to dispose of the suit itself by the end of this year. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:15.06.2011 kdl