K KRISHNA Vs. A N PARAMKUSHA BAI

JUDGEMENT

(1.) THE first defendant in OS No.251 of 1995 on the file of the Court of III Additional Assistant judge City Civil Court, Hyderabad is the appellant herein.

(2.) THE suit was filed for declaration of title of the plaintiff with regard to suit schedule property and for an injunction not to interfere in any manner with regard to peaceful possession and enjoyment of the property even by execution of the decree dated 7.12.1994 in OS No.369 of 1989. THE subject-matter of the suit is residential premises bearing No.139/L, New Municipal No.7-3-476, situated at Audaiah Nagar, Secunderabad.

(3.) THE first defendant filed a detailed statement tracing to his relationship with Baganna who was the original allottee of the premises and his filing of the suit OS No.2896 of 1978 and mutation of his name as a tenant. He also referred to the consequential proceedings in pursuance of the decree. It was further averred in the counter-affidavit as under: