T PEDDA SWAMY REDDY Vs. P PARVATHAMMA

JUDGEMENT

(1.) The Appellant filed O.S. No. 313 of 2007 in the Court of the Principal Junior Civil Judge, Kurnool against the Respondents for the relief of perpetual injunction in respect of the suit schedule property. He pleaded that the suit schedule property had accrued to him by way of succession and the Respondents are trying to interfere with his possession without any basis. He has also filed pattadar pass book, adangals etc. in proof of his possession.

(2.) The Respondents filed a written statement opposing the suit. According to them, their grand mother by name, Nagamma, was the original owner of the land and she mortgaged the same with the father of the Appellant for a sum of Rs. 1500/-. During the life time of Nagamma, the mortgage was not redeemed and her daughter, whose name is also Nagamma, filed O.S. No. 492 of 1993 in the Court of the II Additional Junior Civil Judge, Kurnool for redemption. A compromise decree is said to have been passed in it, where under, the amount due was deposited and the mortgagee in turn had redelivered possession. They further contended that being a factionist and strongman in the village, the Appellant is harassing them and their tenants.

(3.) The trial Court dismissed the suit through its judgment, dated 08.04.2010. Aggrieved thereby, the Appellant filed A.S. No. 32 of 2010 in the Court of the Special Judge for Trial of Cases under S.C., S.T. (POA) Act-cum-VI Additional District and Sessions Judge, Kurnool. The appeal was dismissed on 15.11.2010. Hence, this second appeal.