POLICHERLA SAMUEL Vs. POLICHERLA YESUPADAM

JUDGEMENT

(1.) Plaintiffs in O.S. No.141 of 1992 on the file of the learned Principal Junior Civil Judge, Kandukur filed this second appeal, aggrieved by the dismissal of the suit and confirmation of the same by the Court of the Senior Civil Judge, Kandukur in A.S. No.26 of 1998.

(2.) The suit was filed for the relief of injunction simplicitor in respect of four items of the suit schedule property, which consists of agricultural lands and house sites. The suit was initially filed by one Mr. Policherla Samuel, the first appellant herein, alone. During the pendency of the suit, he died, and his legal representatives, appellants 2 to 7, were brought on record.

(3.) The appellants pleaded that the suit schedule properties were originally held jointly by two brothers, by name B.Pitchaiah and B. Narsaiah. Pitchaiah had three daughters, who were married and living in their matrimonial houses, he was living with his brother Narsaiah. Narsaiah had a son by name Venkataiah, and a daughter by name Kondamma. While Venkataiah had three daughters, who are respondents 2, 4 and 5, Kondamma had three sons viz., the first appellant, one Mr. Yesupadam (husband of respondent No.2 and father of respondent No.3), and another person, by name Ananda Rao. It was alleged that Pitchaiah and Narsaiah had jointly executed a deed of settlement conveying items 1 to 3 of the suit schedule properties in favour of the first appellant, through a settlement deed, dated 30-10-1941, marked as Ex.A.1. He pleaded that ever since the date of settlement, he is in possession and enjoyment of the property, and that he was issued a Ryotwari Pass Book-Ex.A.5 in respect of the said lands. He complained that the respondents are interfering ' with his possession.