SUDDAPALLI BRAHMENDRA RAO Vs. PITTALA ANJANEYULU

JUDGEMENT

(1.) Plaintiff, in the suit filed the above revision against the order dtd. 26/7/2022 passed in I.A.No.895 of 2022 in O.S.No.256 of 2014 on the file of learned Principal Junior Civil Judge, Ongole.

(2.) Plaintiff filed suit O.S.No.895 of 2022 against the defendant for recovery of possession of suit schedule property by directing the defendant to remove the structures shown as "A-1" in the plaint plan and for consequential injunction.

(3.) In the plaint, it was contended, inter alia, that suit schedule property is ancestral property of the plaintiff. Father of the plaintiff, Suddapalli Singaih settled the property in favour of the plaintiff and his brother Tirumala Rao under registered settlement deed dtd. 14/8/2014 under document No.7504 of 2014 with absolute rights. Brother of the plaintiff is staying in USA. Plaintiff is looking after all the affairs of his brother. Father of the plaintiff gifted Ac.0-05 cents of site to the Panchayat for construction of school building to the West of the plaint schedule property and a building was also constructed. Plaintiff, being employee is working at Hyderabad. Father of the plaintiff went to Hyderabad and stayed there for two weeks. After his return from Hyderabad, plaintiff's father noticed that pits were dug and basement was also laid for raising permanent structures in the South West corner of 'A' marked plaint schedule property to an extent of 15 feet x 41 feet = 615 square feet equivalent to 68 square yards of site which is shown as 'A-1' marked portion in the plaint plan. Plaintiff's father questioned illegal act of the defendant. However, defendant declined to hear the words of plaintiff's father. On receiving information, plaintiff came to the village and noticed encroachment and questioned the defendant, but there was no response from the defendant. Hence, filed the suit for relief stated supra.