VENKATASWAMY REDDY Vs. B. VENKATASWAMY REDDY

JUDGEMENT

(1.) The captioned second appeal is filed by unsuccessful defendant assailing the concurrent judgments of the Courts below wherein plaintiff's suit for injunction simpliciter in O.S.No.115/2007 is decreed and defendant is restrained from interfering with plaintiff's peaceful possession and enjoyment over the suit schedule property.

(2.) For the sake of brevity, the parties are referred to as per their rank before the trial Court.

(3.) The facts leading to the case are as under: The plaintiff has instituted a bare suit for injunction in respect of property bearing Sy.No.88. The plaintiff is asserting title over the suit schedule property. The plaintiff contends that the competent authority has granted suit property to his father in LND No.(M) 29- 11/78-79 and has issued grant certificate on 30/11/1979. Therefore, it is the specific case of the plaintiff that his father was in exclusive possession as absolute owner since 1979 till his demise. The plaintiff has further pleaded that his father died on 27/9/2000 and he being class-I heir has inherited to the property left behind by his father. The plaintiff contends that his father was paying tax to the Government and post grant, the authority have surveyed and a rough sketch is prepared in respect of property. The present suit is filed alleging that defendant without any semblance of right and title is highhandedly interfering with plaintiff's peaceful possession.