Telangana HC restores two land suits between brothers for fresh trial: sale-agreement plaintiff's non-appearance excused as sufficient cause
The question: Whether dismissal of O.S.No.85 of 2013 for the plaintiff's non-appearance and failure to lead evidence could stand when he showed sufficient cause
The Telangana High Court has set aside a common judgment of a trial court that dismissed four connected suits over agricultural land at Ramavaram Village, Mahabubabad District, and has restored O.S.No.123 of 2012 and O.S.No.85 of 2013 for fresh disposal. Justice G.M. Mohiuddin held that the plaintiff in O.S.No.85 of 2013, an ailing man of about 79 to 80 years living in the United States, had shown sufficient cause for not appearing, and that the findings in O.S.No.123 of 2012, including those on revenue entries and possession, had been recorded without the evidence he now seeks to lead on the same transaction. The two sides are brothers. Kattar Jithender Rao and his wife sued in O.S.No.123 of 2012 for a declaration of ownership and possession of the A and B Schedule properties and a perpetual injunction, relying on an oral family partition of 1968-69 and a registered gift deed of 19.07.2012 from husband to wife. Kattar Upender Rao set up an unregistered sale deed dated 25.05.1996 for Rs.3,10,000, of which Rs.2,20,000 was allegedly paid, with possession delivered, and relied on revenue entries for 2000-01 to 2007-08. He himself sued for specific performance in O.S.No.85 of 2013, originally O.S.No.71 of 2009. By a common judgment dated 28.10.2021 the VI Additional District Judge, Mahabubabad, dismissed O.S.No.123 of 2012 and O.S.Nos.84, 85 and 86 of 2013. Jithender Rao appealed as A.S.No.157 of 2022 and Upender Rao as A.S.No.281 of 2022. The appeals were heard together and the judgment was reserved on 23.07.2026.