IN THE COURT OF THE HON’BLE JUNIOR CIVIL JUDGE

(SPL.MOBILE COURT) : AT NALGONDA

I.A.NO. 239 OF 2021

IN

O.S.NO. 293 OF 2021

Between : -

Poleboina Nagarani …Petitioner/Plaintiff

AND

Maraboina Venugopal …Respondent/Defendant

COUNTER AFFIDAVIT FILED U/S 139 OF C.P.C

I, Moraboina Venugopal, S/o Narayana Age : 48 years, Occ : Central Govt, Employee, R/o
H.No.9-55/1, Lalithanagar locality of Dilsukh Nagar, Hyderabad, temporarily com down to
Nalgonda town and Dist, do hereby solemnly affirm and take oath and state as follows,

1) I am the deponent herein and Respondent in the above I.a, such I am well acquainted with
the facs of the case.
2) I submit that the petitioner is not the owner and exclusive possessor of residential open
house plot No.400 covered in Sy No.1281 and measuring 266.66 Sq. yards situated at
Ward No.7 Block No.9, Sriram Nagr locality of Arjalabavi area, Panagal road of
Nalgonda town and Dist.

I submit that thre is no single document or any other material to show that the petitioner
is owner of petition schedule property, the document which elying by the petitioner not
showing any title to succeed the same, simple petition for injuction is not maintainable
without claiming declaration of title when title is disputed.
3) I submit that there is no material before the Hon’ble court to show that the father of the
petitioner Sri Vallapu pedda Mallaiah S/o Lingaiah is having lands covered in Sy
No.1281 measuring Ac.4-38 Gts situated at panagallu revenue village, and no Pattedar
 passbook and title deed ws filed by the petitioner to show the same, in particularly as on
the date of execution of petition document in favour of petitioner by the father of
petitioner with Gift settlement deed No.5881 of 2010, Dt.17-06-2010 on the file of SRO,
Nalgonda.
I submit that thee is no material before the Hon’ble court with regard to the conversion of
agriculture land to Non agriculture for purpose of house plots, as per the plain pleadings,
when an what procedure the above and was converted for purpose of house plots, and
how many Acres were converted to house plots, no material is available before the
Hon’be court to support of plaint pleadings.
4) I submitted that there is no dispute with the petition schedule plot with No. 40 is situated
at prime location of Panagal area of Nalgonda Municipality and also Valuable property
which covered in Sy o.1272, 1273 of Panagallu revenue Village of Nalgonda Mandal &
District now under the jurisdiction of Nalgonda Muncipality, but at the same time the
Respondent is the owner and possessor of the petition schedule property, the same was
succeeded by the Respondent from mother of the Respondent namely Marboina Mohini
who died on 24-07-2004 through will deed No.12 of 2002, Dt.05-07-2002, on the file of
SRO, Hayath Nagar, Ranga Reddy Dist.”
I submit that my mother was purchased the petition sehedule property through Regd sale
deed No.1175/1980, Dt.28-05-1980, on the file of SRO, Nalgonda, and my mother
enjoyed and possessed the same upto here death.
I submit that after death of my mother as per the will I am enjoyin as a owner and
possessor of petition schedule property by knowing one to al of surrounding house
owners of petition schedule property including the father of the petitioner and also
petitioner.
5) I submit that as already stated supra when neither the petitioner nor the father of the
petitioner are not the owners of the petition schedule property, as such there is no
question to construct compound wall does not arise, the pleadings are silent when the
construction work took place, and what material was dumped on petition schedule
property, and no better particulars are pleaded, the above pleadings are set up for the
purpose of filing this false petition to harass me.
6) I submit that I never trespass the petition schedule property on 02-05-2021, once again I
submit that I am the owner and possessor as such there is no question to trespass my own
plot when occupied and possessed by having legal title.
 I submit that I am not know whether the petitioner is approached the Police, Nalgonda II-
Town by lodging complaint against me, the Police, never called me on the basis of
complaint lodged by the petitioner, the pleadings are silent when the complaint was
lodged against me.
I submit that the petitioner approached the Hon’ble court by suppressing original facts
and also disposal of the suit with OS No.126 of 2018 on the file of JCJ (Spl.Moble court),
Nalgonda which was not pressed by the petitioner on 25-02-2021 over the petition
schedule property.
7) I submit that the title and possession of the petitioner was denied by me on 07-08-2018
by filing implead petition Under Order-I Rule -3 and 10(2) of C.P.C with I.A.No.1070 of
2018 in I.A. No.399 of 2018 in OS No.126 of 2018, on the file of JCJ (Spl. Mobile
court), Nalgonda as such the petition is barred by limitation.