K SUBBA NAIDU Vs. G SUBBAIAH

JUDGEMENT

(1.) The defendants in O.S. No.327/90 on the file of the Principal Subordinate Judge, Tirupati are the revision petitioners. The respondents herein filed a suit for injunction in regard to an extent of Ac.7.18 cents in Sy. Nos.298 and 299 in Vamuru village, Tirupati Rural Mandal. They also filed I.A. No.2131/91 praying for temporary injunction pending disposal of the suit. The temporary injunction was granted as prayed for by order dated 5-2-1991. The same was assailed in C.M.A. No.4/91 on the file of the IIIrd Additional District Judge, Chittoor at Tirupati and the same was dismissed on 30-9-1991. The same is attacked in this revision petition.

(2.) The plea of plaintiffs respondents is as under: The Plaint Scheduled land is covered by original paimash No. 389 and the same was assigned to these Plaintiffs in 1976 and each one of them was allotted Ac.1-00 or Ac.1-04 cents as referred to in the plaint and from that time they were in possession of the same. The defendants are owning land in an extent of Ac.0-33 cents in Sy. No.297 which corresponds to paimash No.389-A and by erasing 'A' in 389-A they fraudulently obtained patta u/s.11 of the Estates Abolition Act for an extent of 2-95 cents in S. Nos.298 and 299. It is now challenged before the Director of Settlements. Having obtained that patta the defendants are interfering with their possession and enjoyment of the plaint schedule land and hence they are constrained to file this revision petition.

(3.) The case of the defendants is as under: The defendants have purchased Ac.1-00 of land under Ex.B-10 dated 2-7-1909 and they got lease of the remaining Ac.1-20 centsand when the plaintiff sattempted to interfere with their possession of the same they filed O.S. No.312/80 for injunction and it was decreed. The courts below erred in granting temporary injunction against the defendants which is contrary to the decree for injunction in their favour in O.S. No.312/80 as against the Plaintiffs-respondents.