TAX PAYERS WELFARE ASSON Vs. PULLEMLA YADAMMA

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 11-8-1999 passed by the Court of I Additional District Judge, Nalgonda in A.S. No.26/1995. By the said judgment and decree, the lower appellate Court reversed the judgment and decree dated 27-3-1995 rendered by the Junior Civil Judge,Nalgonda in O.S. No.1103/1990 and allowed the appeal filed by the respondents-defendants. Aggrieved by the judgment and decree of the lower appellate Court, the original plaintiff filed this second appeal. For the sake of convenience, the parties hereinafter would be referred to as plaintiff and defendants as per their ranking\ in the trial Court.

(2.) The plaintiff is the Tax Payers Welfare Association, Nalgonda. The President of the said association in a representative capacity filed the suit. The suit was filed for the relief of perpetual injunction restraining the defendants from occupying the plaint schedule land in an extent of 1,600 Sq. yards in Sy. No.1255 situated at Shivajinagar, Nalgonda.

(3.) The plaint pleadings in brief are that it is a registered body under the Societies Registration Act and functioning for the welfare of taxpayers of Nalgonda to protect their interests against the municipality, other body corporates and private individuals who attempt to usurp their rights and interests and also to provide them necessary amenities. As per the Master Plan of the year 1951, the suit schedule property was earmarked for public park and as per the said approved Master Plan, the public is using Sy. No.1255 as a playground, park etc. While so, on the strength of some fictitious document, attempts were started to occupy about 800 Sq. yards in the said survey number, which was earmarked for playground and park; It is further stated in the plaint that the 1st defendant purchased the suit property which is a public place under the colour of a registered sale deed; that the park and playground are highly essential in a developing town and no construction shall be permitted in violation of the Town Planning Act and hence the plaintiff sought for the relief of perpetual injunction from raising any structures on the suit property.