DURGAIAH Vs. MOHAMMAD SHABHUDDIN DIED LRS

JUDGEMENT

(1.) The unsuccessful defendants in O.S.No.1 of 1989 on the file of the District Judge, Medak, Sanga Reddy District are the appellants herein. Originally the suit was instituted by Mohd. Shabuddin and since he died, the Legal Representatives were brought on record.

(2.) The suit was filed for the relief of permanent injunction. The original plaintiff Mohd, Shabuddin instituted the suit praying for the relief of perpetual injunction restraining the defendants from in any way interfering with this peaceful possession and enjoyment of the plaint schedule properties.

(3.) It is averred in the plaint that the plaintiff is the pattedar and owner of the lands described in the schedule and it was also pleaded that at a particular point of time, one Tekmal Ramanna was the protected tenant of the plaintiff, relating to the plaint schedule properties. It was further pleaded that after the death of T. Ramanna, the defendants claiming to be his heirs, co-sharers and joint tenants failed to pay rents to the plaintiff from 1962 to 1972. Hence, the plaintiff initiated proceedings before the Tahsildar, Jogipet, which was later transferred to Jogipet in File No.B2/ 3282/70 B2/2/70, dt. 29-8-1972 against the defendants for termination of tenancy and for cultivation under the Hyderabad Tenancy Agricultural Lands Act. The said order of execution was executed on 7-6-1974 by the Revenue Inspector of Jogipet Circle and a panchanama was also conducted by him. However, at the instigation of some Communist Party Workers as a part of their land grabbing movement, the defendants entered into the land and stopped the plaintiff's agricultural operations on 14-7-1974 and in such circumstances, the plaintiff is constrained to institute a suit for perpetual injunction.