MANJAMMA Vs. SUVARNA S. RAO

JUDGEMENT

(1.) THE appellant is before this Court assailing the concurrent judgments rendered by the Courts below.

(2.) THE respondent herein instituted the suit in O.S. No. 177/2001 seeking declaration that the plaintiff is the owner of the suit schedule property and also for possession of the same from the defendant and consequently for injunction. The trial Court by its judgment dated 30.09.2006 has decreed the suit. The appellant herein i.e., the defendant to the suit, claiming to be aggrieved by the said judgment was before the Lower Appellate Court in R.A. No. 139/2006. The Lower Appellate Court by its judgment dated 20.10.2010 has concurred with the findings rendered by the trial Court and has dismissed the appeal. It is in that circumstance, the defendant claiming to be aggrieved by such concurrent judgments of the Courts below is before this Court in this appeal.

(3.) THE plaintiff claims to be the owner of the suit schedule property. The manner in which she had become the owner of the property had been referred to by indicating Assessment No. 1377 initially measured 105 feet X 105 feet. The plaintiff had thereafter sold an extent of 65 feet x 105 feet to the defendant In the said process, she had retained the remaining extent. The extent measuring 32 feet 6 inch x 105 feet is the subject matter of the suit. The claim of the plaintiff is that the defendant had encroached the said portion of the property and in that circumstance had claimed right in respect of the property.