G VENKAT RATNAM Vs. KOLLI PARA JHANSI LAKSHMI

JUDGEMENT

(1.) The Appellant filed O.S. No. 12 of 1998 in the Court of Junior Civil Judge, Gannavaram, for the relief of perpetual injunction to restrain the Respondents herein from interfering with the peaceful possession and enjoyment of the suit schedule plot, admeasuring 200 sq. yards. It is stated that his grand-father, by name, Bapayya, constructed two Temples in the Village, and set apart the suit plot, which was purchased through sale deed dated 28-03-1916, for the purpose of constructing a building, for the residence of the Archakas. He pleaded that the Respondents, who are having their land on the northern and western portion of the suit plot, tried to encroach upon it, by demolishing a portion of old compound wall separating the properties. The Appellant further alleged that when one of his agnates submitted a complaint in the Police Station, it was not received, and on the next day itself, the suit was filed.

(2.) The 1st Respondent herein filed written-statement, and the same was adopted by Respondents 2 and 3. They did not dispute the original ownership of the property by Bapayya. However, according to them, one of the grand-sons of Bapayya, by name, G. Subbarao, orally sold the suit land in the year 1959, for a sum of Rs. 90/- and ever since then, they are in possession and enjoyment of the same, by tethering cattle, keeping hayricks, etc. They disputed the title and right of the Appellant over the land.

(3.) The trial Court decreed the suit, through its order dated 19-03-2001. The Respondents filed A.S. No. 15 of 2001 in the Court of Additional Senior Civil Judge (Fast Track Court), at Gudivada. The appeal was allowed on 08-01-2004. Hence this Second Appeal.