ATTADA APPALA NARAYANA Vs. ATTADA BANGARAYYA

JUDGEMENT

(1.) The Plaintiffs in O.S. No. 165 of 1996 are the Appellants. They filed the suit against the Respondents for the relief of declaration to the effect that the suit schedule Well in an extent of Ac. 0.02 cents of land is part of Ac. 0.44 cents in Survey No. 3/3 of Amatam Ravivalasa Village, purchased by their father and that the Respondents do not have any right over it. They have also prayed for the relief of perpetual injunction against the Respondents as regards the Well.

(2.) The Appellants pleaded that Ac. 0.44 cents of land was purchased by their father through a sale deed, dated 28.01.1981, Ex.A1, and thereafter, a Well was dug on the southern side. The property is said to have fallen to the share of Appellant No. 2 in the family partition. It was urged that the Respondents, who are in possession of the property on the southern side are trying to interfere with the Well.

(3.) On behalf of the Respondents, a written statement was filed. It is stated that the total extent of the land in Survey No. 3/3 is Ac. 0.46 cents and that the original owner, by name Naru Appalanaidu and his family members sold only Acs.0.44 cents of land under a sale deed, dated 03.05.1979, Ex.B3, in favour of the vendor of the Appellants, by name Simma Appala Narasi. It was clearly mentioned therein that the southern boundary for Ac. 0.44 cents is Attada Bangarayya and that there is no justification for the Appellants in filing the suit. According to them, Naru Appalanaidu is the father-in-law of Respondent No. 1 and he gave an extent of Acs.0.60 cents of land in Survey No. 3/3 and a Well situated in Ac. 0.02 cents in Survey No. 3/3 and that he is in possession and enjoyment of the Well of Ac. 0.02 cents.