YELUGULA SUBBA RAO Vs. PERUMALLA SRI RAMAKRISHNA MURTHY

JUDGEMENT

(1.) This second appeal is filed against the judgment in A.S.No.37 of 1997 of the Court of Senior Civil Judge, Tadepalligudem, through which it reversed the judgment and decree, dated 14-5-1997, of the Court of Principal District Munsif, Tadepalligudem, in O.S.No.129 of 1990.

(2.) The 1st respondent filed the suit, initially, for the relief of perpetual injunction, restraining the appellant herein from interfering with his right of access by way of easement, for the purpose of ingress and egress from the plaint schedule property to the R & B road, through the road margin. Subsequently, the prayer for mandatory injunction for removal of pillars and restoration of the site to its normal position in R, R2, R6 and R7 portion of the road margin, was added. The 1st respondent contended that he purchased the suit schedule property under two separate sale deeds, dated 15-7-1974 and 24-5-1975, marked as Exs.A.1 and A.2, respectively. He pleaded that the western side of the suit schedule property is the R&B road and the appellant had encroached into the road margin before the suit schedule property and obstructed his access to the road.

(3.) The appellant filed a written statement, denying the contentions of the 1st respondent. He pleaded that his father constructed a thatched shed in the Gramakantam abutting the road, 50 years back, and when the same was damaged in the cyclone, he constructed a tin shed with R.C.C. pillars. He pleaded that the 1st respondent has no right, whatsoever, against the land over which he constructed the house and that the Gram Panchayat has also recognized his possession by collecting tax and issuing licence. He pleaded that there exists Gramakantam between the road margin on the one hand and the suit schedule property on the other hand. According to him, the 1st respondent had, in fact, encroached into the road margin.