M C V PRASAD Vs. M SUBBA RAJU

JUDGEMENT

(1.) Appellants are the plaintiffs in O.S. No. 488 of 1997 on the file of the I Additional Junior Civil Judge, Madanapalle. The suit was initially filed for the relief of perpetual injunction in respect of Ac. 1.12 cents of land in Survey No. 766/2 of Chinnathippasamudram Village of Chittoor District. It was pleaded that the suit land is part of large extent of land admeasuring Acs. 12.04 cents in the survey number and that they purchased the same through a sale deed, dated 10.03.1984. According to them, the 1st defendant filed O.S. No. 484 of 1997 in the Court of the I Additional Junior Civil Judge, Madanapalle with fictitious boundaries in respect of the said land and citing the decree obtained therein, they started interfering with their possession. The 1st respondent alone contested the suit. The 2nd respondent who figured as the 1st defendant has filed a written statement, but did not participate in the further proceedings in the suit.

(2.) The 1st respondent pleaded that the appellants were never in possession of the suit schedule property and it is he i.e. the 1st respondent who developed a Vanka Poramboke by removing the thorny bushes, levelled the same and has grown coconut and other trees, for the past about two decades.

(3.) The appellants have also filed I.A. No. 109 of 1997 under Order 39 Rules 1 and 2 C.P.C. The trial Court dismissed the same. Thereupon, the appellants filed an application seeking permission to amend the suit to incorporate the prayer for recovery of possession, and it was allowed.