Can you please help with the cause of action for the new suit? Below are details
History
1 Feb-2007 N Rakesh registered 2 plots by giving boundaries at Sy.no. 492/F3 via Regd. Sale Deeds 244/2007 & 245/2007 to the extent of 605 Sq.yards with boundaries East: open plot of N.Manohar, North:30’ Road, South: open plot of N.Manohar, West: open plot of N.Manohar
2 Nov-2018 We filed Fline Application for survey but Seller objected
3 2-5-2019 My mother filed a Police Complaint stating that Rakesh had sold land and trespassed and constructed a house
5 28-Nov-2020, 05-Dec-2020, 31-Dec-2020 Rakesh Created dispute on location
6 Jan 2021 My father filed OS 123/2021 as per sale deed boundaries for injunction against Rakesh who sold land
7 Feb 2021 Rakesh filed WS in OS 123/2021.Below are details
1] “The property shown in the alleged schedule does not exist in Sy.no.492/F3 hence there is no property at all and the suit is filed for non-existing property”.
2] As per param No.10 of WS, Respondent had disclosed that plaintiff No.1 is owner of Sy.No.492/F3 to extent of 605 Sq.yards with boundaries East:open Plot of Pavan, North:10’ Road, South:60’ Road, West:25’ Road and plaintiff No.1 constructed and Respondent staying in property by paying taxes
8 Jan 2022 Complaint on Lokayukta for survey
9 Sep 2022 Survey on direction form Lokayukta
Survey objected by Respondent giving in written that he will suicide if survey is conducted
10 May 2023 We filed Writ petition for survey
Jan 2023 Seller denied us as the owner of Suit schedule property.My NALA application was rejected by the Collector by a written statement submitted by the seller stating that we are a UKNOWN person
11 Sep 2023 Survey on direction from high court
12 11 Nov2023 we filed Contempt on Tahasidhar hasanparthy for not doing a survey
13 Nov 2023 Survey report issued by physically examining Sy.No.492/F3 and when he tried to identify property mentioned in the registration sale deed he found Sy.No.492/F3 is land where Respondent/Seller constructed house
14 Jan 2024. We filed for Permission to withdraw to file title declaration and recovery of possession in March 2024 We filed a fresh suit title declaration, the rectification of boundaries, and recovery of possession
Cause of Action in new suit:
The cause of action for filing the suit arose, on 28-11-2020, 05-12-2020, 31-Dec-2020, ,19-Feb-2021 & 19-Seb-2023 when defendant No.1 along with tried to interfere with the possession of plaintiff No.1's husband late P Pavan Reddy, as such he filed Q.S.No.123/2021 for permanent injunction, on 18-Jan-2021 on 09-Feb-2021 the defendant No.1 had submitted written statement in O.S.No.123/2021 stating boundaries mentioned in Regd. Sale Deeds 244/2007 & 245/2007 ate wrong boundaries and after detail enquiry and survey report ctt:19-Sep-2023 F-Line Appllcation dated 17-Nov-2019,the plaintifffs came to know about the knowledge about fraud played by the defendant NO.1 in execution of Regd. Sale Deeds in favour of my father late Punnam Pavan Reddy by mentioning wrong boundaries wilfully and in 2021 the defendant No.1 had illegally raised building structures by dispossessing the plaintiffs from the suit
