(1.) THESE two appeals arise out of the same Judgment of the trial Court. A.S.No.150 of 1991 is filed by defendant No.10 and the other transferred appeal is filed by defendants 12 and 13, the legal representatives of defendant No.8, who died during pendency of suit. The appeal filed before the Court of the District Judge, Kadapa stands transferred to this Court. The dispute in these cases is in respect of land admeasuring 0.67 cents in survey No.455 (suit schedule property) in Proddatur town. The persons who were allegedly members of Sundaracharlu Club (the club, for brevity) on the one hand and the first and second generation legal heirs of late Curram Sundaracharlu (CSC) are fighting this three decades long drawn Court battle for the property. In this Judgment, the parties are referred to as they are arrayed in the suit. PLEADINGS
(2.) C.S.Narasimhacharlu (CSN), C.S.Krishnamacharlu (CSK) and C.N.Srinivasacharlu (CNS) are sons of CSC. Plaintiffs 1 and 2 are sons of CSK and third plaintiff is son of CSN. They instituted the suit registered as O.S.No.69 of 1980 on the file of the Court of the Subordinate Judge, Proddatur, which was transferred as O.S.No.68 of 1985 to the Court of the Subordinate Judge, Kadapa. It was instituted for declaration of plaintiffs right to the suit schedule property together with open site, constructions, structures and improvements made thereon, to declare the right of the plaintiffs and first defendant to the portion of the suit schedule in occupation of defendant No.8 and for a direction to defendants 12 to 18 to deliver possession of the property. Their case in the plaint is as below.
(3.) THE respectable and elite of the town frequently complained to the plaintiffs 1 to 3 as well as law enforcement authorities about the imminent danger which the club in the hands of shady characters was posing to general public and law and order situation in the town. THEre has been chain of events for over a decade of grave character like murders, attempt to murder and disturbance originated from the club premises as per the police record. Some of the offenders were arrested in the club premises as it became a joint for anti social activities like gambling, drinking, debauchery and it earned very bad name.
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