P.BHASKAR Vs. COMER STONE WORLD CHALLENGE

JUDGEMENT

(1.) Heard Sri V. Nitesh, learned counsel appearing for the appellant and Smt. Nimmagadda Revathi, learned counsel appearing for the respondent-plaintiff.,

(2.) The respondent herein had filed O.S.No.291 of 2010 before the I Additional Junior Civil Judge, Chittoor for permanent injunction restraining the appellant, and others claiming through him, from interfering with the peaceful possession and enjoyment of the plaint schedule property of the respondent. The said plaint schedule property is an extent of Ac.5.41 cents of land in Sy.No.478 of Penumuru Revenue Village and Mandal, Chittoor District, including a terraced residential building and an asbestos sheet roofed church situated in the land.

(3.) The case of the respondent, in the plaint, was that the respondent had purchased the land in the suit schedule property under a registered deed of sale dtd. 18/8/2005 from the original owners and had subsequently constructed an asbestos roofed building to be used as a church and an RCC residential building as the residential quarters of the pastor of the church. The respondent had obtained electricity service connection for the church and the house and was paying electricity consumption charges to the department. The respondent had undertaken development of the property by raising various additional amenities and structures. At that stage, the appellant had approached the respondent and had requested that he should be appointed as pastor to the church of the respondent. After considering this request, the respondent had appointed the appellant as a pastor on honorary basis after obtaining an undertaking from the appellant that the appellant can be removed at any time or replaced by any other pastor at the sole discretion of the pastor A. Stephen, who was the founding president of the respondent. Though the appellant had voluntarily undertook not to claim any remuneration as services of the pastor, the respondent had been paying remuneration to the appellant, by way of an honorarium.