G RAMAIAH DIED Vs. MUTHYALA PRAKASH

JUDGEMENT

(1.) The defendant No.1 is the appellant herein who seeks to assail the judgment and decree in A.S.No.9 of 1988, dated 25.8.1992 on the file of the Addl. District Judge, Nizamabad reversing the judgment and decree in O.S.99 of 1979, dated 26.9.1987 on the file of the District Munsif at Nizamabad. The respondent No.1 /the plaintiff had filed a suit for declaration of his ownership of the suit site shown in blue colour in the plaint sketch and for recovery of possession along with mandatory injunction for demolition of the wall constructed on the suit site by the defendant.

(2.) Briefly the case of the respondent No.1-Plaintiff was that he is the owner and possessor of house bearing No.4-5-409 situated at Amberpet, Nizamabad. By taking advantage of the plaintiff being out of station at the relevant point of time, defendant No.1 illegally constructed the wall which is shown in yellow colour in the plaint sketch on the site which belongs to the plaintiff. It was alleged that the entire construction was swiftly done in one day by engaging several masons and labourers. When the plaintiff came back to Nizamabad and asked the defendant No.1 to remove the said encroachment, defendant No.1 refused to accede to the request. Hence the plaintiff filed the present suit.

(3.) Contesting the suit claim, the defendants denied the entire claim and it was stated that the suit was filed in collusion with the plaintiff in O.S. No.64 of 1979 which was pending at the relevant point of time and further that the suit site is part and parcel of the land belonging to the defendant No.l, having purchased the same under a registered sale deed dated 5.8.1967 from one Buddanna. Therefore, there is absolutely no encroachment. By giving the dimensions of the site, it was pleaded that defendant No.1 had obtained the permission from defendant No.2, the Municipality on 17.2.1979 and accordingly he made the construction of the wall. Therefore, there are absolutely no merits in the suit claim and the suit is liable to be dismissed.