MEDIKONDA SAMBASIVA RAO Vs. PANCHAYAT SECRETARY, GRAMPANCHAYAT

JUDGEMENT

(1.) The unsuccessful plaintiffs in O.S.No.426 of 2006 on the file of the Principal Junior Civil Judge, Repalle, filed this Second Appeal. The suit was filed for relief of perpetual injunction, against the sole defendant i.e., the respondent herein, in respect of items 1 and 2 of the suit schedule property, comprising of two plots.

(2.) THE case of the appellants was that their father, by name, Nagaiah, was assigned the 2nd item a plot of Ac 0.02 cents by the Government on 05.07.1967, and the adjoining house site i.e., 1st item of Ac 0.02 cents was assigned in favour of their mother (Victoria) by the Mandal Revenue Officer, Bhattiprolu, through its order, dated 14.08.1986. Their parents i.e., Nagaiah and Victoria are said to have died in the years 1976 and 2002, respectively, and that the suit schedule property of Ac 0.04 cents, devolved upon the appellants.

(3.) THE respondent filed detailed written statement. According to him, the mother of the appellants was not assigned any plot at all, and that the deed of assignment, dated 14.08.1986, was a fabricated one. He further stated that the plot of Ac 0.02 cents was originally held by one Karra Mariyamma, and she sold away the same to one Tunuguntla China Kotaiah under a sale deed dated 14.06.1971 and the said China Kotaiah, constructed a shed with brick wall, and made it a reading room for the benefit of people of that locality. After the death of China Kotaiah, his legal representatives are said to have conveyed the property in favour of Bhattiprolu Rallpet Harijan Sangam. On representation made by the Sangam, several facilities are said to have been provided to the reading room, such as installation of a Radio by the Grama Panchayat, and that the appellants have no right, whatever over the property.