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IN THE COURT OF ADDITIONAl SENIOR CIVIL JUDGE, KADAPA

0.S. No.81/2018
Chavva Kullayi Reddy ... Plaintiff
Vs.
1) Janagani Kumar
2) Janagani Nagendra ... Defendants
CHIEF-EXAMINATION AFFIDAVIT OF P.W-1 (PLAINTIFF)
FILED ON BEHALF PLAINTIFF UNDER ORDER 18 RULE 4 (1)
OF C.P.C.

I, Chavva Kullayi Reddy, S/o. Late Venkata Konda Reddy, aged about
58 years, Hindu, R.T.C. Driver, Rajampeta, R.T.C. Depot, Rajampeta Town
& Mandal, permanent resident of Balapanuru Village and Post,
Simhadripuram Mandal, Kadapa District, do hereby solemnly affirm and
state as follows:-
1. I am the plaintiff herein and that deposing as P.W -1 in this
suit. I know the facts of the suit.

2. I humbly that I filed that suit against the defendants for


declaration and mandatory injunction. I submit that I am the permanent
resident of Balapanuru Village in Simhadripuram Mandal in Pulivendula
earst while Taluk in Kadapa District. I purchased the house property
including suit property bearing door No.2170 situated in Balapanuru
Village, Pulivendula Sub-District on 19-02-1999 for valid consideration of
Rs.41,500/- under registered sale deed No.440/1999 from the valid title
holders named 1) Vankadara Savitramma, 2) Vankadara Madhusudhana
Gupta and 3) Vankadara Sreenivasulu Setty. My schedule of registered
sale deed is having three items of the property. The first item is house
property eastern to west: 55 1/2 feet and north to south 20 1/2 feet. The
second items Matti Midde East - West: 15 feet, North to South: 20 1/2
feet and third item is open place with measurements east to west: 25
1/2 feet, North - South: 16 1/2 feet with Rasta right from south and east
Rasta for passes 3 of Block carts tractors etc from those Rasta of 30 feet
width.

3. I humbly submit that I and my wife lived with our three sons
and one daughter peacefully upto 2005 years. The defendants started
troubling me by foisting some false cases from 2006 against me and my
wife by trying to occupy my property by use of their criminal force. The
defendants occupied the Government land illegally without the
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Permission of the Government at any point of time. I got my house


property purchased from rightful owners and enjoying that property
with absolute rights the defendants are not entitled for the property
situated on the southern side of my house. The alleged maintenance
document dated 07-07-1948 does not convey any title or right to the
defendants over the property situated on the southern side of my
house property stated in the schedule of this suit. The defendants
are nothing to do with the property shown in the maintenance
documents dated 07-07-1948. The defendants are not the legal heirs
of Yallamma and Gangamma.

4. I humbly submit that the defendant are not law abiding


citizens, but they want to occupy and grab the property of somebody for
making wrongful gain by causing unlawful loss and injustice to the
neighbors like me. The defendants beat the my wife and the criminal
cases were filed against the defendants and that JFCM of Pulivendula
convicted the defendants in C.C.No.80/2007 on 19-02-2008 to pay the
fine of Rs.1,000/- each. The defendants filed false case against my wife in
crime No.11/2011 and that I and my wife was acquitted and our cash
security of Rs.16,000/- was refunded to us on 01-11-2011. The
defendants filed false case under crime No.51/2007 against me and my
wife and that case was referred by the police on 31-10-2007. My wife
also filed a criminal case as crime No.52/2007 against the defendants and
their supporters named Gopal Reddy and Sada Sivudu. I approached the
police for settlement of this suit property. The Police of Simhadripuram
directed me to go to civil court for justice. I and my family feared very
much for the threats and criminal case foisted by the defendants and
their supporters. I left my native village Balapanuru in 2007 years due to
threats of the defendants and their supporters and came to Rajampeta
town in 2007. I and my family members are living peacefully in Rajampeta
Town from 2007 year upto now.

5. I humbly submit that the second defendant constructed ABCD


steps in front of his house in Public Street about 4 months ago by
preventing the passage of drainage water from my house. The first
defendant tried on 06-04-2018 to construct steps at EFGA point in front
of his house on eastern site for preventing the passage of drainage water
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from my house. The first defendant on 06-04-2018 tried to occupy my


KLMNOP place to the length of 50 feet with the width of 3 feet. The first
defendant constructed walls on 07-04-2Q18 to 18-04- 201&to the height
of 10 feet at my L.R.S.T. place without any right or authority over that
place. I gave legal notice to the defendants through my Advocate on 02-
04-2018 by requesting them not to encroach into my property at KLMNO
place and remove the steps at ABCD place and not to construct steps in
front of the house of the first defendant. The defendants received my
legal notice on 06- 04-2018 and they did not give any reply notice to me
upto now. There was quarrel between me and the defendants when the
first defendant was constructing his bathroom in my place. There were
quarrels and cases between me and the defendants. I also took photos
relating to bath room etc.

6. I humbly submit that I have easementary right under sections


12 to 14 of Indian Easement Act of 1882 for beneficial enjoyment of
Peerla Chanidu Cement road and Sivalayam Veedhi road for passage of
drainage water from my house through drainage canal in front of my
house and the defendants. My easernentary right exists on the dominant
heritage in public street and the liability is imposed on the defendants to
remove ABCD steps in front of house of the second defendant and
present the first defendant by permanent injunction from constructing
steps at EFGH Place in Peerla Chavidi Cement road for using the public
street for my beneficial enjoyment as well as public at large for passage
drainage water and for passing tractors, bullock carts etc. from Peerla
Chavidi Cement road and Sivalayam Street road.

7. I humbly submit that I gave petitions previously to M.D.O.,


M.R.O., M.L.C. police etc authorities of Simhadripuram Mandal and to the
Mister of Animal Husbandry Sri Adinarayana Reddy of Government of
A.P. for settlement of dispute with the defendants relating to the suit
property. The said authorities did not help to me and that authorities did
not settle the dispute of suit property with the defendants. The
defendant engaged Derangula Neelakanta, S/o. Ramudu, Sreenivasulu,
S/o. Venkatanna, Derangula Sankara, S/ o. Venkatesu, Derangula
Peddanna and 4 coolies for constructing walls at my LRST place on 07-04-
2008 and raised the walls upto 10 feet height by use of his criminal force
and Goondayism.
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8. I humbly submit that the defendants never cared for the legal
notice dated 02-04-2018 issued by my counsel to the defendants. The
first defendant constructed LPST wall on 07-04-2018 high handedly in my
place. The second defendant did not remove the ABCD steps in front of
the house of the second defendant. My drainage water as well as the
Peerla Chavidi Street and Sivalayam Street drainage water has to pass
through the drainage channel.

9. I humbly submit that the defendants stopped the laying of


drainage canal and also passage of drainage water in front of houses of
the defendants with fraudulent and foul intention for creating health
problems to the dwellers in those streets. So there is necessity to remove
ABCD steps and to demolish walls in LBST place and to prevent the first
defendant from encroaching my KLMNOP place. Hence, I am forced to
file this suit against the defendants for declaration permanent injunction
and mandatory injunction against the defendants.

10.THE FOLLOWING DOCKMENT MAY KINDLY BE MARKED


ON BEHALF OF THE PLAINTIFF AS EXBIT A-1 TO A-12:

1) A-1 is rough plan of suit property.


2) A-2 is original registered sale deed N0: 440/99 dated 19-02-1999
executed by Vankadara Savitramma,Vankadara Madhusudhana
Gupta and Vankadhara Sreenivasulu Setty in favour of the
plaintiff.
3) A-3 is office copy of the legal notice dated 02-04-2018 issued by
the Advocate of the plaintiff to the defendants.
4) A-4 are two postal receipts dated 02-04-2018 addressed to the
defendants.
5) A-5 is postal acknowledgment dated 06-04-2018 signed by the
second defendant.
6) A-6 is petition dated 13-11-2016 submitted to the S.P. of Police
of Kadapa by the plaintiff for protection from the defendants.
7) A-7 is letter of M.P. Sri. Y.S. Vivekananda Reddy dated 03-12-
2006 addressed to CI of Kondapuram to help to the plaintiff.
8) A-8 is petition dated 13-12-2006 submitted to C.I. of
Kondapuram by the plaintiff for protection.
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9) A-9 is Receipt dated 13-11-2006 issued by the C.I. of


Kondapuram to the plaintiff for receiving complaint.
10) A-10 is certified copy of crime No.51/2007 F.I.R. registered
against the plaintiff and his wife on the complaint of the first
defendant and final report of S.I. of Simhadripuram P.S. dated
29-07-2008 and refer notice to that effect.
11) A-11 is certified copy of F.I.R. in crime No.52/2007 registered on
the complaint of the wife of the plaintiff against the defendants
Sada Sivudu and Gopal Reddy.
12) A-12 is original receipt dated 01-04-2018 given by the S.I. of
Simhadripuram Police Station to the plaintiff directing the
plaintiff to go to the civil court for settlement of civil dispute
against the defendants.

11. PRAYER:- Therefore the I (plaintiff) pray that the Honourable


Court may be pleased to pass a decree and judgment in favour me
(plaintiff) and against the defendants.

i) Declaring the right and title of me (plaintiff) over LRST and


KLMNOP property and grant of consequential permanent injunction by
restraining the first defendant from interfering with the peaceful
Possession and enjoyment of me (plaintiff) over LRST and KLMNOP
property of me (plaintiff) as shown in the suit plaint plan.

ii) Grant mandatory injunction directing the first defendant for


removal of structure in LRST place of me (plaintiff) in the alternate in the
case of failure of the first defendant to do so the Honourable Court is
prayed to authorize me (plaintiff) to remove the structure LRST place
with due process of law at the costs of me (plaintiff) and realize those
costs from the first defendant as shown in the suit plaint plan.

iii) Declare the easementary right a Id title of me (plaintiff) over


dominant heritage ABCD and EFGH place and grant permanent in
junction restraining the defendants from preventing and obstructing me
(plaintiff) and public from using ABCD and EFGH place for passing of
drainage water from the houses of me (plaintiff) and others as shown in
the suit plaint plan.
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iv) Grant mandatory injunction directing the second defendant


for removal of ABCD steps failing which the Honourable Court may be
pleased to authorize me (plaintiff) to remove ABCD steps with due
process of law with the costs of me (plaintiff) and collect those costs form
the second defendant as shown in plaint plan.

V). Grant costs of the suit against the defendants in the interest
of Justice.

Th
Solemnly affirmed and signed before me on this the day of
October, 2018 at Kadapa.

FILED BY ME ADVOCATE

ADVOCATE FOR THE PLAINTIFF


IN THE COURT OF ADDITIONAl
SENIOR CIVIL JUDGE, KADAPA

0.S. No.81/2018

Chavva Kullayi Reddy


… Plaintiff
Vs.
1) Janagani Kumar
2) Janagani Nagendra
… Defendants

CHIEF-EXAMINATION
AFFIDAVIT OF P.W-1
(PLAINTIFF) FILED ON BEHALF
PLAINTIFF UNDER ORDER 18
RULE 4 (1) OF C.P.C.

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L.,


Advocate for the plaintiff,
Kadapa.