PODILI KOTAMMA Vs. MUNEPALLI DESAPATHI

JUDGEMENT

(1.) THIS second appeal is filed against the decree and judgment dated 28.1.1999 passed by the IV Additional District Judge, Guntur in AS No.64 of 1992 reversing the decree and judgment dated 5.3.1992 passed by the Principal District Munsif, Guntur in OS No.316 of 1985.

(2.) I have heard Sri V.Venugopala Rao, learned Counsel appearing for the appellants and Sri A.Rajendrababu, learned Counsel appearing for the respondents.

(3.) IT was the contention of the defendants that the first defendant purchased the Plot No.13, which is an extent of 78.3/9 Sq. yards for a consideration of Rs.300/- and the second defendant purchased the plot No. 11, which is an extent of 54 Sq. yards for a consideration of Rs.189/- under registered sale deeds from the Guntur Municipality and took possession of the respective house sites. Under the said sale deeds, they constructed houses and they have been living therein. They admitted that the plaintiffs are the owners of Plot No. 12, but the contention of the defendants is that the plaintiffs have never been in possession and enjoyment of Plot Nos.11 and 13 purchased by them and therefore, they are not entitled for the relief of injunction.