MEESALA KRISHNA RAO Vs. ALLU SURAYANARAYANA

JUDGEMENT

(1.) This revision is directed against the order dated 28.10.2009 passed in IA No.483 of 2009 in OS No.81 of 2009 on the file of the Principal Junior Civil Judge, Bobbili, wherein, it was held that the suit document i.e., agreement of sale dated 20.11.1981 was not admissible in evidence.

(2.) Heard the learned Counsel for the petitioner and the learned Counsel for the respondents. Perused the record.

(3.) The petitioner/plaintiff filed suit for permanent injunction against the respondents/ defendants, restraining them from interfering with his possession and enjoyment of the plaint schedule property, shown as 'ABCD' in the plaint plan, which is vacant site with thatched house thereon, situated in Bobbili Town. According to the plaintiff, his father Meesala Chinna, purchased the plaint schedule property under an agreement of sale dated 20.11.1981 from the original owners Bevara Gangamma and Chintaparthi Rangavenamma for a consideration of Rs. 1,000/- and obtained delivery of possession. The plaintiff pleads that ever since the purchase, his father had been in possession and enjoyment and subsequently, after his father's death, in the partition between his brothers, suit property fell to the share of the plaintiff and he has been in possession and enjoyment of the property. He alleges that the defendants, who are having their house towards north of the suit property, have been trying to interfere with the plaintiffs possession and enjoyment of the suit property by threatening to trespass thereon. Hence, he filed the suit.