YANKAWWA Vs. SIDDAYYA

JUDGEMENT

(1.) Sri Siddayya, plaintiff filed a suit seeking for a decree for perpetual injunction to restrain the defendants from interfering with his peaceful possession. It was his case that he was the absolute owner in possession of the plot which had been allotted to him by the Government under Ashraya Scheme and the defendants who had no right over the same were interfering with his possession which constrained him to file a suit seeking for injunction.

(2.) The defendants while contesting the suit stated that originally the entire area was possessed by the family of defendants and a few years ago, the defendants had given an area of 10 x 13 feet to the plaintiff on license basis and plaintiff had occupied an additional 10 feet area adjacent to the canal. Thus, this occupation of the area was without title.

(3.) The Trial Court on appreciation of the evidence came to the conclusion that the plaintiff had proved that he was in possession of the suit property but the Trial Court proceeded to dismiss the suit on the ground that the plaintiff was required to file a suit for declaration and suit for a bare injunction was not maintainable in view of the decision of the Apex Court in the case of Anathula Sudhakar Vs. Buchi Reddy reported in AIR 2008 SC 2033.