TOTAKURI NARAYANA KHAMMAM DISTRICT Vs. TOTAKURI VENKAIAH

JUDGEMENT

(1.) The plaintiff in O.S.No.1237 of 1987 in the Court of II Additional District Munsif, Khammam, filed this second appeal. The 1st respondent (defendant No.2 in the suit) is the brother of the appellant, and the 2nd respondent (defendant No.1 in the suit) is a third party.

(2.) The appellant filed the suit, initially against the 2nd respondent alone, for the relief of perpetual injunction. He pleaded that the suit schedule property, a house bearing No.2-74 of Lachagudem Village of Khammam District, is owned and possessed by him, and that the 2nd respondent started interfering with his possession without any basis. The 2nd respondent filed a written-statement admitting the possession of the appellant, and stating that he has no objection for the suit being decreed.

(3.) Subsequently, the 1st respondent got himself impleaded. He stated that about 22 years prior to the filing of the suit, himself and his brother migrated to a village, by name, Manikyaram, from Lachagudem and acquired properties and houses there. According to him, he came back to his native village of Lachagudem not being able to continue at Manikyaram, and in the process, he left his house at Manikyaram to his brother, the appellant, in exchange for the house of the appellant at Lachagudem. It was his case that the appellant permanently settled at Manikyaram, but with oblique motive and evil intention, made claim against the suit schedule property, in collusion with the 2nd respondent. He made a reference to O.S.No.215 of 1986, filed by him, against the appellant, and a decree obtained therein, for perpetual injunction, in respect of the same property.