VEMULA SRINIVASA RAO Vs. SYED THAJHUDDIN

JUDGEMENT

(1.) The respondent filed O.S.No.349 of 2008 in the Court of Principal Junior Civil Judge, Chirala, against the petitioner for declaration of title and recovery of possession in respect of 14 cents of land in D.No.73/18 of Epurupalem Village. He pleaded that he got 31 1/2 cents in D.No.73/18 under a registered partition deed in July 1980. It was stated that his brother, by name, Moulali, the father of defendants 1 to 3 in the suit, tried to interfere with his possession and thereupon, he filed O.S.No.304 of 1996 and obtained a decree of perpetual injunction. E.P.No.88 of 2002 is said to have been filed against his brother, when he tried to interfere. It was also stated that after the death of his brother, defendants 1 to 3 (who are not made parties to this revision) sought to interfere, and thereafter he filed E.P.No.14 of 2008.

(2.) The respondent further pleaded that the defendants 1 to 3 sold the suit schedule property in favour of the petitioner herein (4th defendant), and after purchase, he has started construction. With these allegations, he filed the suit. He has also filed I.A.No.1683 of 2008 under Order 39 Rules 1 and 2 C.P.C., with a prayer to restrain the petitioner herein from proceeding with the construction over the plaint schedule property.

(3.) The petitioner opposed the I.A., by filing counter. He stated that the respondent is a chronic litigant, and that at several places, he admitted that the subject-matter of O.S.No.304 of 1996 was the land in Sy.No.3/18 and that the suit schedule property in Sy.No.73/18 does not belong to him. He further stated that he purchased the land in Sy.No.73/18 on 21-07-2008 and sold away the same in favour of third parties. According to him, the petitioner also sold away his share of the property in Sy.No.73/18 in 1986 itself.