K.M. KRISHNA REDDY Vs. VINOD REDDY

JUDGEMENT

(1.) The original plaintiff has preferred this appeal for challenging the judgment of the High Court in a second appeal by which the High Court has interfered and has set aside the decree passed by the first Appellate Court.

(2.) The appellant filed a suit for a perpetual injunction in respect of the immovable property more particularly described in the schedule to the plaint (for short, 'the suit property'). According to the appellant, he and his brothers succeeded to the suit property after the demise of his father. He claimed that the suit property was allotted to his share under a family settlement dtd. 25/4/1993, executed by and between him and his brothers. The appellant claims to be in exclusive possession of the suit property. The suit is founded on the cause of action that on 18/6/1994, the respondents tried to interfere with his possession of the suit property. Therefore, a suit simpliciter for injunction was filed by him.

(3.) The respondents-defendants filed a written statement cum counter-claim accepting that the suit property was originally owned by Sri. Muniswamappa, the late father of the appellant. The respondents' contention in the written statement was that they, along with their family members, were continuously in possession of the suit property from 1978 and were storing firewood, bricks, and manure. According to their case, they have been uninterruptedly using the suit property since 1978, and they have done so with the knowledge of the appellant, his father and their other family members, including his brother M. Jayarama Reddy (for short, 'Jayarama'). Therefore, the respondents claimed that they had perfected the title to the suit property by adverse possession.