K. RAMULU PANASALADIBBA Vs. K. APPA RAO PANASALADIBBA

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant. The appellant and the respondents are natural brothers. They are sons of Sri Narayudu.

(2.) The dispute is in respect of a site of Ac.0-02 cents at Pithapuram within the boundaries mentioned in the plaint schedule. It shall be referred to hereinafter as 'the suit site', for convenience.

(3.) The case of the appellant is that he purchased the suit site under a registered sale deed dtd. 22/7/1958 and that he has been in possession and enjoyment of the same ever since. He further contended that the respondents without any manner of right, threatened to trespass into the suit site. It is also the contention of the appellant that he constructed a thatched house in this site where he used to reside, for which he was paying municipal taxes time to time. He further claimed that this house collapsed and therefore the site remained vacant. In those circumstances, the appellant claimed that he was constrained to lay the suit for perpetual injunction restraining the respondents from interfering with his possession and enjoyment of the suit site.