BAYYARAPU NARAYANA RAIDU Vs. PAGADALA VARALAXMI

JUDGEMENT

(1.) This appeal is filed under Order LVIII Rule 1(u) of CPC challenging the order dt.16.11.2012 in AS.No.120 of 2010 of the II Addl. District Judge, Warangal, setting aside the judgment and decree dt.21.07.2010 in OS.No.778 of 2006 of the Prl. Junior Civil Judge, Warangal, and remitting the matter back to the Trial Court for fresh disposal.

(2.) The appellants are defendants in the above suit. The said suit was filed by the respondent/plaintiff for recovery of possession of the plaint schedule property from the defendants and for costs.

(3.) The plaintiff contended that she is the absolute owner and possessor of the plaint schedule property which she had purchased from Smt. K. Shyamalabai under a registered sale deed Ex.A.1/dt.25.08.1981; that her vendor had purchased the said property from its original owner Modem Kanakaiah (for short, 'Kanakiah') under a private sale deed Ex.A2/dt.08.03.1973; that on account of employment of her husband and after his demise, she is staying with her daughters at Hyderabad; that the defendants who are residing towards the southern side of the plaint schedule property occupied it by erecting a shed and a compound wall and this was discovered when the plaintiff and her son-in-law went to Warangal on 22.02.2006; that when the defendants were questioned, the defendants claimed that 2nd defendant is the owner of the property. The plaintiff alleged that taking advantage of her old age and her absence, the defendants illegally occupied the plaint schedule property and they are liable to be evicted.