BALINENI SIVANI DEVI Vs. BODDURLA KOMMAIAH

JUDGEMENT

(1.) The 2nd defendant in O.S. 116 of 1982 on the file of Subordinate Judge Kothagudem is the appallant, The first respondent here in the plaitiff, filed the Suit for permanent injunction restraining the dsfendanta from interfering with the possession of the plaint schedule land situated at Kothagudem village. The plaintiff cold the said land to the third defendant under Ex. B-1 Dt. 11-12-1967. His case is that notwithstanding the sale in favour of the third defendant he wanted the plaintiff to continue in possession by cultivating the laad. The third defendent Sold the said land to the 2nd defendant under Ex. B-4 on 18-1-1980. The 1st defedant is the father of the 2nd defendant. Alleging that defendants 1 to 3 started interfering in his possession of the land, the suit was laid for permanent injunction

(2.) The 2nd defeadant filed written statement stating, inter alia, that he has been in possession of the land from the date of the agreement for sale entered into by him with the 3rd defeadant on 1-1-1979; the sale deed la her favour was executed on 30-1-1980. She denied that the plaintiff was in possession of the suit laad after the execution of the sale deed Ex. B 1 She statad that after the purchase of the laud from the plaintiff the third defendant was having a poultry farm in the said land and that due to the death of the 3rd defendant's son he could not manage the same and sold away the land to the 2nd defendant. She further allegad that having influenced the Patwarl the plaintiff got entered his name in column 16 of the Pahani eventhough be sold the same in 1969.

(3.) On these pleadings the trial court framed the following issues :