MADDURU PAPAIAH Vs. CH. RAMAKRISHNA

JUDGEMENT

(1.) Legal representatives of the sole plaintiff in O.S.No.540 of 1995 on the file of the Court of Junior Civil Judge, Hyderabad West and South, Ranga Reddy District, are the appellants. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) The suit was fled for the relief of perpetual injunction in respect of 7 guntas of land in Sy.No.43 of Chandanagar Revenue Village, Ranga Reddy District. The case of the plaintiff was that his father, by name, Seethaiah was pattadar of 21 guntas of land in Sy.No.43 and that the name of his father was entered in various records, including the basic record of Khasara Phahani for the year 1954-55. It was also his case that after the death of his father, the property devolved upon himself and his brother, Anjaiah, and that since Anjaiah died issueless, he became the absolute owner of the property. He alleged that the defendants started interfering with his possession over the suit schedule property, without any basis.

(3.) Defendants filed a written-statement, stating that out of 21 guntas of land in Sy.No.43, an extent of 7 guntas has fallen to the share of Venkata Swamy, an agnate of the plaintiff, and that he sold the same to Sampoorna, through sale deed dated 18-12-1964. Sampoorna is said to have plotted the land and sold 2 plots of 311 sq.yards each in favour of Venkateswara Rao, and that from Venkateswara Rao, the defendants have purchased the same through sale deeds, in the year 1988. They denied the allegations made by the plaintiff.