THOTA TAMBI @ PRABHAKARA RAO Vs. SHAIK ABDULLAH

JUDGEMENT

(1.) Defendants in suit filed the above revision against the order dtd. 18/1/2022 in I.A.No.94 of 2020 in O.S.No.257 of 2015 on the file of I Additional Junior Civil Judge, Eluru.

(2.) Respondent herein, being plaintiff filed suit O.S.No.257 of 2015 for recovery of possession of plaint schedule property and for permanent injunction.

(3.) Pleaded case of the plaintiff is that he purchased an extent of 42 square yards of site in R.S.No.439/1, adjacent to his house on Northern side from one Shaik Saleem under a registered sale deed dtd. 6/9/2005; that vendor 's mother purchased the property under a registered sale deed dtd. 23/3/1997; that plaint schedule property is a vacant site; that prior to purchase of plaint schedule property, plaintiff already purchased 134 square yards to the South of plaint schedule property and he constructed a pucca building and has been residing therein; that defendants who are residing on road side attempted to trespass into the schedule property and the plaintiff filed suit O.S.No.426 of 2010 for permanent injunction and the said suit was dismissed; that subsequent to dismissal of said suit, defendants raised asbestos roof shed and hence, suit is filed for recovery of possession of plaint schedule property.