YACHAMANENI RAJAIAH NAIDU Vs. YACHAMANENI MUNIKRISHNAIAH

JUDGEMENT

(1.) The appellant filed O.S. No.514 of 2005 in the Court of the Principal Junior Civil Judge, Srikalahasthi, against the respondents for the relief of perpetual injunction in respect of eight items of agricultural lands, aggregating to an extent of Acs.2.29 cents of land in different survey numbers of Kanamanambedu Village, Buchinaidu Kandriga Mandal, Chittoor District. He pleaded that the suit schedule property was purchased under four registered Sale Deeds, dated 03- 11-2005, 01-12-2005, 05-12-2005 and 08-12-2005 from the original owner and that his name was entered in the 10(1) account and No.2 Adangal in the year 2005. It was alleged that the respondents are trying to interfere with his possession. The respondents, on the other hand, filed written statement stating that the father of the vendor of the petitioner sold items 3 to 8 of the suit schedule property to them, way back in the year 1974 and ever since then they are in possession of the lands.

(2.) The trial Court partly decreed the suit in respect of items 1 and 2 of the schedule and dismissed the suit as regards items 3 to 8. Feeling aggrieved by denial of relief in respect of items 3 to 8, the appellant filed A.S. No.15 of 2007 in the Court of the Senior Civil Judge, Srikalahasthi. The appeal was dismissed through judgment, dated 30-08-2012. Hence, this Second Appeal.

(3.) Sri S.V. Muni Reddy, learned counsel for the appellant submits that the source of title for the appellant in respect of 8 items of property and the nature of defence of the respondents is one and the same, but the Trial Court and the lower appellate Court denied the relief in respect of items 3 to 8. He contends that the possession of the appellant over all the items is reflected through Exs.A-5 and A-6.