PUTTURU NANEMMA Vs. JILAKARA GUNDAIAH

JUDGEMENT

(1.) This appeal is filed by the plaintiff against the judgment and decree dated 20-8-2001 in A.S.No.11 of 1998 on the file of the Senior Civil Judge, Rajampet, dismissing the appeal as also the suit of the plaintiff.

(2.) The plaintiff filed the suit O.S.No.12 of 1995 on the file of the Junior Civil Judge, Rajampet for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment over the suit schedule property. It is the case of the plaintiff that she is a landless poor person and on her application, the Revenue authorities assigned the suit schedule property and granted D.K.T. patta after following the procedure laid down in A.P. Board Standing Orders. She invested about Rs.20,000/- and developed the land and cultivating the same. She also installed a bore well and electric motor by spending about Rs.70,000/-. The defendants highhandedly burnt the thorny fencing laid around the suit schedule property and causing obstruction to irrigate the standing crop and, therefore, he filed the suit for permanent injunction.

(3.) Defendant No.1 filed his written statement, which was adopted by defendants 2 to 4. They contended that the photostat copy of patta filed by the plaintiff is bogus and even if the grant of patta is true, it is opposed to the Board Standing Orders, that Sy.No.966 in which patta is granted is a kunta poramboke, which has an area of Acs.55.36 cents and has an ayacut of 100 acres, that some area out of the kunta was assigned to some persons thereby reducing the area of the tank to Acs.34.00 and the ayacutdars are made to suffer without sufficient water supply, and that assignment of land under the kunta is totally illegal and opposed to the rules and regulations, and, therefore, prayed for dismissal of the suit.