Male Sriramulu Goud vs Vemula Shamanthakamma on 16 April, 2026

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    Telangana High Court

    Male Sriramulu Goud vs Vemula Shamanthakamma on 16 April, 2026

         IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
                            HYDERABAD
    
            THE HONOURABLE SMT. JUSTICE RENUKA YARA
    
                          APPEAL SUIT No.242 of 2024
    
                            16th DAY OF APRIL, 2026
    Between:
    Male Sriramulu Goud.
                                                                     ...Appellant
                                 AND
    Vemula Shamanthakamma and 4 others.
                                                                  ...Respondents
    
    JUDGMENT:

    Heard Sri P. Bhanu Prakash, learned counsel for the appellant and

    Sri K. Sreenivas, learned counsel for respondent Nos.1 and 2. Perused the

    SPONSORED

    entire record.

    2. The present appeal is preferred by the appellant/respondent

    No.1/plaintiff aggrieved by the order and decree dated 11.03.2024 passed

    in I.A.No.76 of 2022 in O.S.No.121 of 2022 on the file of the learned

    Senior Civil Judge at Kalwakurthy (‘trial Court’), wherein a petition filed

    under Order VII Rule 11 (a) and (d) of CPC seeking rejection of plaint has

    been allowed and the suit has been rejected as barred by law.

    Background of facts:

    3. The appellant herein filed suit for declaration of title with respect to

    Schedule A, B and C properties i.e., agricultural land totaling to Ac.16-29
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    guntas situated in various survey numbers of Kurmmida Village,

    Kalwakurthy Mandal, Nagarkurnool District. In addition, the appellant

    sought declaration of sale deed dated 15.06.1989, to be declared as null and

    void and for recovery of possession from respondent Nos.1 and 2 and a

    direction to respondent Nos.5 to delete the names of respondent Nos.1 and

    2 from the pattedar and possessor column from the years 1995 onwards till

    date and for costs of the suit. The appellant filed suit claiming to be

    adopted son of Male Balram Goud, resident of Vemula of Midjil Mandal,

    Mahabubnagar District. The said Male Balaram Goud and his wife Male

    Jangamma during their lifetime purchased the suit schedule A, B and C

    properties jointly with K. Kurmaiah and K. Chinna Balaram under

    unregistered sale deed to an extent of Ac.25-10 guntas and under registered

    document No.191 of 1966 dated 25.06.1966. Their names are mutated in

    the revenue records and pahanies for their respective shares. Further, there

    was a compromise decree in O.S.No.228 of 2014 dated 02.12.2015 and in

    terms of said settlement, vide Lok Adalat Case No.422 of 2015, shares

    were allotted in between Male Jangamma, K. Kurmaiah and Chinna

    Balaram. As per said order, the appellant’s adoptive mother, Male

    Jangamma, got Ac.8-9 guntas in Survey No.122 and Ac.4-16 guntas in

    Survey No.125 totaling to Ac.12-25 guntas. Further, the appellant’s

    adoptive father purchased Schedule C property to an extent of Ac.4-4

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    AS_242_2024

    guntas in Survey No.122 of Kurmmida Village. The appellant was in

    peaceful possession and enjoyment of the suit schedule A and B properties.

    The appellant’s adoptive mother, Jangamma, died on 15.08.1989 intestate

    and the adoptive father expired on 14.01.1999 intestate. Ever since the

    appellant is in peaceful possession and enjoyment of the property till the

    year 2004.

    4. In the year 2004, respondent Nos.1 and 2 took possession of the suit

    schedule properties in the guise of wrong entries in pahanies. The appellant

    verified the pahanies and learned that the names of respondent Nos.1 and 2

    are entered in the pahanies with effect from 1995 onwards. In the year

    2010, the appellant made an application dated 16.01.2010 for certified

    copies of revenue records and after securing the same learned that there

    was a fabricated sale deed dated 15.06.1989 created by respondent Nos.1

    and 2. The appellant filed revision under Section 9 of the A.P. Rights in

    Land and Pattadar Pass Books Act, 1971, challenging the entry of names of

    respondent Nos.1 and 2 before the respondent No.3 vide file

    No.D1/3550/2007 (case No.D1/21/2007). The said petition was dismissed

    vide order dated 25.01.2014. Aggrieved by the same, the appellant filed

    writ petition W.P.15303 of 2014 and said that writ petition was disposed of

    on 10.08.2022 with a direction to file appropriate proceedings before

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    appropriate forum and therefore, the suit has been filed seeking declaration

    of title and recovery of possession.

    5. In said suit, respondent Nos.1 and 2 filed I.A.No.76 of 2022 under

    Order VII Rule 11 of CPC to reject the plaint as barred by law. It is pleaded

    that the unregistered sale deed has been validated and the proceedings

    challenging the same was dismissed and no suit shall lie against any

    Government Officer who made entry in the revenue records as per Section

    9 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020. The

    appellant has pleaded that possession was taken over on the basis of wrong

    entries in the pahanies in the year 2004. Such being the case, the suit ought

    to have been filed within a period of 12 years from 2004, but the suit was

    filed in the year 2022 i.e., after expiry of limitation. Since the pleading

    itself is clear according to respondent Nos.1 and 2, no other material is

    required to ascertain limitation. Further, it is pleaded that under

    unregistered sale deed dated 15.06.1989 from Male Balram respondent

    Nos.1 and 2 acquired possession and continued the same by validating the

    unregistered sale deed vide proceeding No.ROR/2023/1989 dated

    03.08.1984. Hence, according to respondent Nos.1 and 2, the suit is barred

    by limitation and therefore, liable to be rejected.

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    6. The appellant herein opposed the petition while acknowledging the

    pleadings of the plaint as true, admitted that on 16.01.2010 he obtained

    certified copies and learnt about the sadabainama dated 15.06.1989.

    Respondent Nos.1 and 2 never purchased the suit lands under unregistered

    sale deed and they never were in possession. On the same day, the sale

    deed was validated while proceeding dated 03.08.1984, but said validation

    was done on erroneous grounds. The appellant admitted withdrawing

    W.P.No.15303 of 2014 with liberty to pursue other remedies. Since the suit

    is filed after withdrawing the writ petition, the appellant contended that the

    suit is filed within the period of limitation and that there is no cause for

    rejection of the plaint.

    7. The learned trial Court, upon considering the case of the respective

    parties, held that the appellant failed in his attempts on the revenue side and

    thereafter, filed the suit showing the pendency of writ petition No.15303 of

    2014 as a guise for overcoming limitation. It is held that the contents and

    averments of the plaint themselves clearly reveal that the suit is barred by

    limitation. The cause of action paragraph shows that respondent Nos.1 and

    2 have taken illegal possession of the suit schedule property in the year

    1996 and the suit ought to have been filed by the year 2008, while so the

    suit is filed in the year 2022. In view of the same, the learned trial Court

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    held that the suit is barred by limitation and therefore, rejected the plaint,

    leading to filing of the present appeal.

    Grounds of appeal:

    8. In grounds of appeal, the appellant pleaded that he was dispossessed,

    as per plaint in the year 1996 and the suit ought to have been filed within

    12 years from 1996. In that context, it is pleaded that the appellant was in

    possession along with his adopted parents till the year 2004 and only upon

    verification of records he came to know that the names of respondent Nos.1

    and 2 were entered in the pahanies from the year 1995-96 onwards.

    Further, in cause of action paragraph, it is mentioned that the appellant was

    dispossessed from the possession column in the year 1996, but does not

    mean that he is admittedly dispossessed from the suit schedule property in

    the year 1996. Further, the appellant pleaded that the trial Court failed to

    appreciate the time spent in pursuing legal proceedings before the Joint

    Collector under Section 9 of the A.P. Rights in Land and Pattadar Pass

    Books Act, 1971 and writ petition No.15303 of 2014 from the period 2007

    onwards up to the year 2022. Further, permission was taken from the High

    Court while withdrawing W.P.No.15303 of 2014 to pursue other remedies.

    The appellant pursued proceedings before the Joint Collector and the High

    Court, challenging the wrong entries in revenue records and when the High

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    Court was not inclined to interfere in the allegations and counter-

    allegations, the appellant had withdrawn the writ petition. Since liberty was

    granted, by this Court, while disposing of W.P.No.15303 of 2014, the

    appellant contends that under Section 14 of Limitation Act, 1963, the suit

    cannot be rejected as barred by law.

    9. Further, it is pleaded that there were no valid proceedings for

    regularization of a private sale deed dated 15.06.1989 as such issuance of

    notice and payment of proper duty is invalid. By bringing the private sale

    deed into existence, respondent Nos.1 and 2 have fabricated the

    proceedings and therefore, pleaded that the order passed is not in

    consonance with Order VII Rule 11 of CPC and Section 14 of Limitation

    Act, 1963 and therefore, the order and decree passed by the learned trial

    Court are liable to be set aside.

    Contentions of the appellant:

    10. The learned counsel for appellant argued that the question of

    limitation is a mixed question of fact and law and therefore, cannot be

    decided in interlocutory proceedings under Order VII Rule 11 of CPC. It is

    submitted that there is a need for leading evidence to prove the issue of

    limitation. Further, it is argued that the appellant was actively prosecuting

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    the proceedings before the Joint Collector and this Court in revision as well

    as writ petition and said time period ought to be deducted while counting

    the limitation and if the same is done, the suit would fall within the period

    of limitation and there would be no cause for rejection of the plaint on said

    ground.

    11. In that context, the learned counsel for appellant relied upon

    judgment of the High Court of Bombay in the case of Ganesh Keshav

    Patole v. Sheetal Sikandar Darne1, wherein it is held that issue of res

    judicata and limitation is a mixed question of facts and law and it cannot be

    decided while considering application under Order VII Rule 11 (d) of CPC

    and whether the suit is within limitation or otherwise is to be decided on

    the pleading of parties.

    12. Further, reliance is based on the judgment in the case of Karam

    Singh v. Amarjit Singh 2, wherein the Hon’ble Supreme Court of India

    held that a plaint should not have been rejected as barred by limitation.

    Further, it is held that a suit when based on Will Deed, the Will comes into

    operation only upon death of the testator. After death of the testator, the

    validity of the Will was questioned throughout and ultimately said issue

    was settled in the year 2017. In between whether the defendants perfected

    1
    2018 SCC OnLine Bom 649
    2
    2025 INSC 1238

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    their title by adverse question is a mixed question of law and fact and

    therefore, held that the suit ought not to have been rejected at the threshold.

    13. Further, in the case of Anil Bhambri v. North Delhi Power Ltd.,

    the High Court of Delhi held that the trial Court refused to give benefit of

    period spent by the appellant in pursuing the proceedings for similar relief

    before the Consumer Forum, New Delhi. In view of said proceedings, it

    cannot be said that there is lack of bona fides for denying benefit under

    Section 14 of Limitation Act, 1963 to the appellant.

    14. Further, in the case of P. Kumarakurubaran v. P. Narayanan3, the

    Supreme Court of India held that when the suit involves substantial factual

    disputes existing concerning limitation and the scope of authority under the

    power of attorney, rejection of the suit at the threshold is not sustainable.

    15. Learned counsel for appellant relied upon Section 14 of Limitation

    Act, 1963, which excludes the time of proceeding bona fide in a Court

    without jurisdiction, to be excluded while computing limitations.

    Contentions of respondent Nos.1 and 2:

    16. In response, the learned counsel for respondent Nos.1 and 2 argued

    that that there is no cause of action for filing the suit and that the suit is

    3
    2025 INSC 598

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    barred by limitation. It is argued that the appellant had knowledge about the

    documents way back in the year 2010 at the latest and the suit for

    declaration of title and recovery of possession ought to have been filed

    within 12 years of such knowledge, whereas the suit is filed after the expiry

    of 12 years of limitation period and therefore, contented that the suit is

    barred by limitation and there is no infirmity in the order passed by the

    learned trial Court.

    17. Learned counsel for respondent Nos.1 and 2 relied upon judgment in

    the case of Ajay Gupta v. Raju @ Rajendra Singh Yada 4, wherein it is

    held that the period of limitation cannot be extended except as under

    Sections 4 and 5 of Limitation Act, 1963, i.e. when the last date of

    limitation falls on a holiday.

    18. Further, learned counsel for respondent Nos.1 and 2 relied upon

    judgment in the case of Raghwendra Sharan Singh v. Ram Prasanna

    Singh 5, wherein it is held that when the suit is filed for declaration of a gift

    deed, as null and void and not binding, after 22 years of execution of the

    gift deed, without praying to set aside the gift deed, the suit is clearly

    barred by limitation under Article 59 of Limitation Act, 1963. It is held that

    4
    AIR 2016 SC 3284
    5
    AIR 2019 SC 1430

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    clever drafting was employed to bring the suit within the period of

    limitation.

    19. In the case of Ramisetty Venkatanna v. Nasyam Jamal Saheb 6, it

    is held that by clever drafting and not asking any relief with respect to

    partition deed, plaintiffs tried to circumvent the provision of limitation and

    tried to maintain the suit, and the same is nothing but abuse of process of

    Court. It is further held that under Order VII Rule 11 of CPC mainly the

    averments of the plaint only are required to be considered and not the

    averments in the written statement and considering the averments of the

    plaint as they are. It is held that the plaint ought to have been rejected as

    being vexatious, illusory cause of action and barred by limitation and is a

    result of clever drafting.

    20. On the basis of aforementioned citations, the learned counsel for

    respondent Nos.1 and 2 contends that the appeal is liable to be dismissed.

    Findings of the Court:

    21. When the suit averments are considered, it is seen that there is a clear

    pleading about cause of action arising on 15.08.1989 and 14.01.1999 when

    the adoptive parents have expired. The appellant’s case is that he was in

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    2023 (4) ALT 38 (SC)

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    possession of suit schedule properties along with the adoptive parents till

    their death. That being the case, the alleged possession of the appellant

    over the suit schedule properties has to be inferred to be upto 1999 till the

    expiry of both his adoptive parents. Then the cause of action arose in the

    year 1996 when the respondent Nos.1 and 2 took illegal possession of the

    suit schedule properties. This pleading is clear to the effect that the

    appellant lost possession in the year 1996 i.e., much before the death of his

    adoptive father in the year 1999.

    22. At paragraph No.4 of the plaint, the appellant claims to have enjoyed

    possession over the suit schedule property till the year 2004 and in the year

    2004 came to know about the possession of the respondent Nos.1 and 2 in

    the guise of wrong entries and pahanies. The contents of paragraph No.4

    and the contents of paragraph No.8 cause of action are contradictory,

    without any uniformity about the time upto which the appellant was

    allegedly in possession and when he was dispossessed. Whenever a suit is

    filed for the purpose of recovery of possession, it is necessary to mention

    the time period when the appellant was dispossessed from the suit schedule

    property.

    23. Coming to the issue of whether the appellant is entitled to benefit

    under Section 14 of Limitation Act, 1963, it is seen that the appellant

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    initiated a revision against the entries in favour of respondent Nos.1 and 2

    in the year 2007, that is, after a lapse of three years of gaining knowledge

    about the wrong entries in the revenue records i.e., pahanies. The said

    proceedings culminated vide Order dated 25.01.2014 in File No.D1/

    3550/2007 (Case No.D1/21/2007). Thereafter, the appellant filed writ

    petition in W.P.No.15303 of 2014 and said proceedings culminated on

    10.08.2022.

    24. It is a point to be noted that the relief sought in the proceedings

    before the Joint Collector and the writ petition before this Court are with

    respect to wrong entries, but not declaration of title and recovery of

    possession. The relief before the Joint Collector could be only with respect

    to wrong entries and their rectification, but not declaration of title and

    recovery of possession. The appellant ought to have approached a Civil

    Court for said remedies while pursuing the proceedings before the Revenue

    Department for rectification of entries under A.P. Rights in Land and

    Pattadar Pass Books Act, 1971, whereas the appellant, for reasons best

    known, focused only on the proceedings before the Joint Collector and in

    the writ petition, without giving any thought about recovery of possession

    from respondent Nos.1 and 2. This fact situation gives rise to doubt about

    the genuineness of the case presented by the appellant and his intention for

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    actual recovery of possession, as recovery of possession and declaration of

    title are reliefs which the appellant can never canvass before the Joint

    Collector.

    25. In that context, it is pertinent to peruse the order passed by the Joint

    Collector, the relevant paragraph is extracted below:

    “The Respondents herein have filed a copy of Proc.No.ROR/23/89, dt.
    03.08.1994 of the then MRO, Kalwakurthy along with copy of private
    sale deed dt. 15.06.1989 and Statement of Male Balram S/o. Male
    Buchaiah recorded by the MRO, Kalwakurthy. A perusal of copies of
    private sale deed and sworn statement of Male Balram reveals that the
    subject lands were soldout to the Respondents herein on 15.06.1989
    for a sale consideration of Rs.35,000/- through private sale deed. It is
    further revealed that the Revision Petitioner herein is one of the
    attesting witness to the above proceedings. It is evident that the
    private sale deed has been validated duly conducting proper enquiry
    and collecting requisite stamp duty and registration charges and the
    names of the Respondents herein have been mutated in the ROR
    against the suit lands and they continued possession and enjoyment
    over the subject lands, since from the date of purchase till to date as is
    evident from the copies of the pahanies. There is no documentary
    evidence to show that Revision Petitioner has cultivated the suit lands
    at any point of time.

    In view of the above circumstances the revision petition is hereby
    dismissed.”

    26. The above paragraph in the order of the Joint Collector can be

    perused for the purpose of disposal of a petition filed under Order VII Rule

    11 of CPC, as the averments of the plaint and contents of the documents

    filed along with the plaint can be perused while adjudicating a petition

    seeking rejection of plaint. Accordingly, when the contents of the order

    passed by the Joint Collector are perused, it is seen that respondent Nos.1

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    and 2 have filed a copy of proceeding No.ROR/23/89 dated 03.08.1994

    before the MRO, Kalvakurthy and that the private sale deed dated

    15.06.1989 was filed. In support thereof the adoptive father of the appellant

    Male Balram has recorded his statement and as per said statement subject

    lands were sold to respondent Nos.1 and 2 on 15.06.1989 for sale

    consideration of Rs.35,000/-. The appellant herein is one of the attesting

    witnesses to the said proceedings. The private sale deed was validated by

    duly conducting enquiry and collecting requisite stamp duty and

    registration charges and thereafter, the names of respondent Nos.1 and 2

    were mutated in revenue records against the suit lands and they are in

    continuous possession and enjoyment of the subject lands from the date of

    purchase till the date till date i.e. from the date of purchase 15.06.1989 till

    date. The contents of Joint Collector order clearly disclose that the

    appellant herein approached the Court with unclean hands, though there

    was no cause of action for filing the suit. The adoptive father of the

    appellant has sold the subject lands to respondent Nos.1 and 2 by private

    sale deed dated 15.06.1989 and also facilitated its regularization by

    submitting a sworn statement. There is a clear finding that respondent

    Nos.1 and 2 are in possession of the subject lands from the year 1989 as

    against the dispossession claimed in the year 1996 or 2004 by the appellant.

    Further, the appellant is an attesting witness to the proceedings before the

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    MRO in proceeding No. ROR/2023/1989 dated 03.08.1994, which means

    the appellant has full knowledge about the rights of respondent Nos.1 and 2

    over the subject lands, but in any case proceeded to challenge the same by

    way of revision before the Joint Collector. When the Joint Collector

    dismissed the revision, the appellant filed writ petition and when this Court

    declined to grant any relief, the appellant cleverly sought withdrawal with

    permission to pursue other remedies. While seeking such a liberty, the

    appellant did not seek indulgence of the Court to exclude the time period

    spent in prosecuting the case before the Joint Collector and High Court.

    27. The appellant did not approach the Court with bona fide for seeking

    declaration of title and recovery of possession. The finding of the Joint

    Collector exposes that cause of action is created with clever drafting.

    Further, the alleged dispossession of the appellant in the year 1996 and

    2004 is false with no iota of truth in the pleadings and therefore, the

    appellant does not deserve any consideration or indulgence by this Court to

    entertain the appeal.

    28. In view of the foregoing discussion, this Court is of the considered

    opinion that there was no cause of action for filing the suit and the suit is

    also barred by limitation as the appellant’s father had alienated the suit

    schedule lands way back in the year 1989 and ever since respondent Nos.1

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    and 2 are in possession of the same. Belatedly in the year 2007, the

    appellant thought of challenging the rights of the respondent Nos.1 and 2

    half-heartedly by approaching the Joint Collector for revision of

    regularization order and correction of revenue entries and then approached

    the Writ Court and withdrew the same on account of the writ petition

    lacking merits. Though, there was no cause of action for filing the suit, the

    appellant with mala fide intention of troubling respondent Nos.1 and 2 filed

    the suit and therefore, there is no infirmity in the order passed by the

    learned trial Court and the suit has been rightly rejected. In view of the

    foregoing, the appeal lacks merits and is liable to be dismissed.

    29. In the result, the appeal is dismissed confirming the order and decree

    dated 11.03.2024 passed by the learned trial Court in I.A.No.76 of 2022 in

    O.S.No.121 of 2022. There shall be no order as to costs. Miscellaneous

    applications, if any, pending shall stand closed.

    __________________
    RENUKA YARA, J
    Date: 16.04.2026
    GVR

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    IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
    HYDERABAD

    THE HONOURABLE SMT. JUSTICE RENUKA YARA

    APPEAL SUIT No.242 of 2024

    16th DAY OF APRIL, 2026

    W

    GVR

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