N MADHAVA RAO Vs. T RAMALINGESWARA RAO

JUDGEMENT

(1.) This second appeal is filed against the judgment dated 7.11.2005 passed in AS No.151 of 2002 by the IX Additional District Judge (Fast Track Court), Visakhapatnam. The appellants filed the suit for permanent injunction against the respondents/defendants in respect of 560 Sq. yards of land before the Principal Junior Civil Judge, Visakhapatnam in OS No.976 of 1998. The said suit after full trial was dismissed by the learned trial Court by its decree and judgment dated 20.8.2001. In the appeal AS No.151 of 2002 preferred by them, the learned IX Additional District Judge (Fast Track Court), Visakhapatnam confirming the finding of the trial Court, dismissed the appeal. Feeling aggrieved, the appellants/ plaintiffs preferred the present appeal.

(2.) I have heard the learned Counsel appearing for the appellants and the respondents.

(3.) The brief facts which are necessary for considering the present appeal are that the plaintiffs filed the suit in respect of an extent of 560 Sq. yards of vacant land in Survey No.47 of Madhavadhara Village, which is said to be part of an extent of Acs.3.00 of land. THE plaintiffs are said to be the sons of the defendant No.7, who is the son of Poornnaiah, the original owner. According to the plaintiffs, all of them are in joint possession and enjoyment of the property which fell to the share of Poornaiah under partition and the property was in joint enjoyment of all the co-sharers. According to them, they filed the suit when the defendants tried to evict them from the schedule mentioned property by force without having any right. THE defendants claimed title in the schedule mentioned property under a registered sale deed executed by the defendant No.4, who is said to be the owner and sharer separated from the plaintiffs and the said sale deed is attested by the defendant No.7.