JANGILI VENKATESWARLU Vs. BANDARU OMKARAIAH

JUDGEMENT

(1.) The defendants are the appellants in this Letters Patent Appeal which is preferred against the judgment and decree dated 3-9-1996 in (Tr) A.S. No.2132 of 1984 where under the learned single Judge set aside the judgment and decree dated 30-3-1981 in O.S. No.61 of 1970 on the file of the Court of the Subordinate Judge, Chirala, and remitted the matter back to the trial Court.

(2.) O.S. No.61 of 1970 on the file of the Court of the Subordinate Judge, Chirala, was filed by the 1st respondent herein (Bandaru Omkarayya) along with two others seeking a decree for permanent injunction restraining the sole defendant by name Jangili Bala Kotaiah from interfering with the possession of the plaintiffs over the plaint schedule land. We shall refer the parties as they were arrayed in the trial Court in O.S. No.61 of 1970.

(3.) The case of the plaintiffs who are three in number was that they purchased Ac.4.84 cents of land situated at Kothapet from the defendant under a registered sale deed dated 7-6-1961 (marked as Ex.B-1) and that since then they have been in continuous possession and enjoyment of the same. According to them though the said sale deed contains a condition of reconveyance by the plaintiffs to the defendant on repayment of the consideration of Rs.2,400.00 with interest at 9% per annum within three years from the date of sale, the defendant failed to obtain the reconveyance deed within the stipulated period and consequently the sale in favour of the plaintiffs has become final. Out of the land purchased by them subsequently in the year 1962 they sold Ac.1.06 cents in favour of one Sajja Tataiah under a registered sale deed which was also attested by the defendant Bala Kotaiah. However, subsequently the defendant demanded reconveyance and obstructed the plaintiffs from cultivating Ac.1.64 cents of land, which is part of the land purchased by them and has been in their possession and enjoyment. Hence they filed the suit for permanent injunction in respect of the said Ac.1.64 cents of land. The said suit, originally field as O.S. No.448 of 1996 in the Court of District Munsif, Bapatla was subsequently renumbered as O.S. No.83 of 1968 on transfer to Sub-Court, Bapatla. Again it was transferred to the Court of Subordinate Judge, Chirala and numbered as O.S. No.61 of 1970.