on 30-3-2013 the applicant herein by name Bollipalli Rana Prathap S/o Nagaraj, aged about 30 years, r/o D.No.

29-178-60, S.B.I.
Colony, NANDYAL town and Mandal, Kurnool District had purchased an extent of Ac. 0-02 1/2 Cents of house site comprised
in S.No. 447/1 pyki detailed in clause 2 of my opinion under Registered Sale Deed bearing document No. 2265/2013 from
Dudekula Yasin Babu son of Pedda Khasim Saheb r/o D.No. 15-12-D-18, Saibaba Peta, Nandikotkur Village and Mandal,
Kurnool District and took possession of the same on the same day and he has been in unhindered possession and enjoyment of
the property which is offered as security. The original document of the same is referred as document No. 1 in Clause 1 of my
opinion.
The applicant had also produced registration copy of the aforesaid document and the same is verified with the original title
deed Dt. 30-3-2013 and hence there are no discrepancies in between the original document and to that of the Registration copy
produced by the applicant. Therefore, the Original Registered Sale Deed Dt. 30-3-2013 is a genuine one. The registration copy of
the same is referred as document No. 2 in part 1 of my opinion.
The applicant had also produced anterior document above said document. On 3-3-2010 the above said D Yasin Babu son of
Pedda Khasim Saheb r/o D.No. 15-12-D-18, Saibaba Peta, Nandikotkur Village and Mandal, Kurnool District had purchased the
property to an extent of Ac. 0-02 1/2 cents of house site comprised in Sy.No. 447/1 pyki detailed in part II of my opinion under a
Registered Sale Deed bearing document No. 1518/2010 from Boggarapu Nagaraju son of Guruvaiah r/o plot No. 10, Sai
Residency, Nandyal town and Mandal, Kurnool District and took possession of the same. The original document of the same is
referred as document No. 3 in part 1 of my opinion.
The applicant had also produced another anterior document to the above said document. On 17-8-2007 the above said Boggarapu
Nagaraju son of Guruvaiah r/o plot No. 10, Sai Residency, Nandyal town and Mandal, Kurnool District had purchased the
property to an extent of Ac. 0-37 cents of land 11 comprised in Sy.No. 447/1 pyki under a Registered Sale Deed bearing
document No. 5646/2007 from Sirigiri Nageswara Reddy, Registered General Power of Attorney holder of Godike Rama
Koteswara Rao son of Chinna Khaja Rao r/o D.No. 28-768-14-2-L, N.G.Os colony, Nandyal, Nandyal Mandal, Kurnool District
and took possession of the same. The regn. Copy of the same is referred as document No. 4 in part 1 of my opinion.

The applicant had also produced another anterior document to the above said document. On 10-10-2006 the above said Sirigiri
Nageswara Reddy son of Venkata Narayana Reddy had obtained Registered agreement of sale cum General Power of Attorney
document bearing document No. 7227/2006 from Godke Rama Koteswara Rao son of Chinna Khaja Rao in respect of an extent of
Ac. 0-76 cents of land comprised in Sy.No. 447/1 pyki . The regn. Copy of the same is referred as document No. 5 in part 1 of my
opinion.
In the aforesaid document there is clear mention to the effect that the balance of Rs. 1000-00 has to be paid by Sirigiri
Nageswara Reddy to his vendor Godke Rama Koteswara Rao on the day of execution of Registered Sale Deed in favour of
proposed purchaser. It is manifest that the said Sirigiri Nageswara Reddy _paid Rs. 1000-00 to his vendor Godke Rama
Koteswara Rao and inturn executed Registered Sale Deed in favour of Boggarapu Nagaraju son of Subba Guruvaiah, in which
Godke Rama Koteswara Rao also joined in the said execution having received the Rs. 1000-00 from Sirigiri Nageswara Reddy.
Further more his photo affixed to the said document and signed in the said document having acknowledged the receipt of the
balance of sale consideration while executing the Registered Sale Deed in favour of Boggarapu Na ara"u by Siri iri Na eswara
Reddy.
The applicant had also produced another anterior document to the above said document. On 5-2-1953 the above said Chinna
Khaja Rao son of Heroji Rao / father of Rama Koteswara Rao had purchased the property to an extent of Ac. 0-76 cents of land
comprised in Sy.No. 447 pyki under a Registered Sale Deed bearing document No. 144/1953 from Syed Hyderalli Saheb son of
Shahanja Saheb r/o Noonepalli, hamlet of Nandyal, Nandyal Mandal, Kurnool District and took possession of the same. The
regn. Copy of the same is referred as document No. 6 in part 1 of my opinion.
In the Registered agreement of Sale cum General Power of Attorney Deed Dt. 10-10-2006 there is mention in the schedule of the
said document to the effect that the father of Rama Koteswara Rao by name Chinna Khaja Rao died and the said Rama
Koteswara Rao succeeded to the property purchased by his father under a Registered Sale Deed Dt. 5-2-1953 from Syed Ryder
Alli Saheb. So, the said Rama Koteswara Rao bein g a son havin • succeeded to the • ro • ert of his father inturn alienated the
same as stated supra.
The Registration copy/ies of prior document/s of title can also be accepted in the execution of Equitable Mortgage by the
applicant in favour of the Bank since the extent purchased by the applicant is only Ac.0.02 1/2 Cents out of Ac. 0-05 cents in plot
No. 4, as per the decision cited in AIR 1990 Kerala 157 and hence the applicant cannot expect handing over of the original prior
documents listed as 4 to 6 in part II of my opinion.
The applicant had produced Proceedings of Nandyal Municipality together with Blue Print Plan Dt. 18-3-2012 which has been
issued by the Authorities of Nandyal Municipality in the name of his vendor in relation to the proposed construction of ground
and first floor residential Building in the property detailed in part II of my opinion and the same is referred as Document No. 7
in Clause 1 of my opinion. As the applicant purchased the site the proceedings together with plan issued in favour of vendor by
the authorities of Nandyal Municipality has been handed over to the applicant. So, the applicant has to construct the building
referred above and inturn mutate his name in the municipality records and obtain D.No. in respect of the building after
completion of the same. The plan and proceedings referred above are tagged on to the site purchased by the applicant under a
Registered Sale Deed Dt. 30-3-2013. So, the proceedings and plan have no independent significance without the site referred
under the Registered Sale Deed Dt. 30-3-2013 and hence proceedings and plan are part and parcel of the Registered Sale Deed
since the site covered under the proceedings and plan has been purchased by the applicant. There is impediment to grant the
loan in favour of the applicant in the circumstances stated supra.
Even though the Title Deed deposited relates to the site, if at the time the deposit was made there were any constructions on it
Equitable Mortgage would be created with regard to site as well as the building constructed thereon as per the decision cited in
A.I.R 1978 A.P.257. In this case also the constructions to be made by the applicant in clause II of the opinion will also form as a
security in the execution of Equitable Mortgage by the applicant.