KOTLA SRINIVASA REDDY Vs. DANYA BASHAIAH

JUDGEMENT

(1.) Plaintiffs in O.S.No.122 of 1998, on the file of the Junior Civil Judge, Ibrahimpatnam, R.R. District, are the appellants. They challenge the judgment and decree dated 21 -7-2003 passed in that suit, as well as the judgment and decree dated 3-2-2004, passed by the First Additional District Judge, R.R. District, in A.S.No.87 of 2003.

(2.) The appellants claimed that they have purchased the suit schedule property, through a sale deed dated 21-5-1992, marked as Ex.A-10. They complained that though the respondents do not have any claim over the suit schedule property, they started interfering with the possession, and sought the relief of perpetual injunction.

(3.) The respondents pleaded that the appellants were never in possession of the suit schedule land, either before or subsequent to the purchase under Ex.A-3, and that they themselves have been in possession ot it, as tenants, for the past 40 years. It was also pleaded that the appellants filed O.S.No.38 of 1993, on an earlier occasion, forthe same relief, in respect of the same property, and against the same parties, and having permitted that to be dismissed, the present suit is filed, on the basis of certain documents, which are said to have been obtained, on the strength of the interim orders passed in that suit.