9911796707
TMI Blog2013 (7) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... r Civil Judge, Anakapalli, against the petitioners herein, for the relief of perpetual injunction in respect of, as many as 21 items of suit schedule property, which are agricultural lands of small bits. He has also filed I.A. No. 814 of 2009 under Order XXXIX Rules 1 and 2 C.P.C., for injunction against the petitioners. He narrated the manner in which, he is said to have acquired the rights over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perties are held by the joint family, and no partition has taken place. He contends that the respondent filed the suit, without even referring to the relation of the parties, and has wrongfully claimed exclusive rights over the property. He contends that Form-1-B Register, maintained under the A.P. Rights in Land Pattadar Passbooks Act (for short 'the Act') and the Rules made thereunder, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent has also prayed for the relief of temporary injunction, by filing IA. No. 814 of 2009. The parties are related to each other. The respondent, however, pleaded that the property was held by his father, and on his death, it devolved upon him. The relevant issue before the trial Court, at that stage, was, about the prima facie case, as to possession. The respondent filed Exs. P-1 to P- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the entries in 1-B register constitute the basis for issuing a pattadar pass book. However, if the pattadar pass book is issued in respect of a piece of land, ignoring the entries in 1-B register, it would constitute a ground for the aggrieved party, to prefer appeal under Section 5-B of the Act. As long as the pattadar pass book remains, the presumption deserves to be drawn and the Court canno ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
