K HANSRAJ Vs. GENERAL MANAGER SOUTH CENTRAL RAILWAY

JUDGEMENT

(1.) THESE two second appeals arise out of a Common Judgment in A. S. Nos. 1 and 2 of 1997, on the file of the learned I Additional Chief judge, City Civil Court, Secunderabad. The appeals, in turn, arose out of a common judgment rendered by the Court of 1 Assistant Judge, city Civil Court, Secunderabad, in O. S. No. 1361 of 1991 and 17 of 1992. The appellants are plaintiffs in the suits and the respondent is common to both the suits.

(2.) THE appellants filed the suits for the relief of perpetual injunction. According to them, they purchased an extent of 660 sq. yards of land each in Sy. No. 786/1 to 5 of Mettuguda Revenue Village through sale deeds, dated 6-8-1984 and 19-1-1985, from the original owners. It was stated that the land of their vendors in various survey numbers admeasuring an extent of Ac. 33. 03 gts was acquired by the respondent, for the purpose of constructing quarters and in the process, claim is being made to the plots purchased by the appellants. They pleaded that the respondent has no right or claim over the respective plots of the appellants and sought for the relief of perpetual injunction.

(3.) THE respondent filed separate written statements with the same contents. He pleaded that the suit schedule property as well as the land in the neighborhood is vested in the Railways several decades ago and that it is in their possession. He disputed the genuinity of the sale deeds through which the appellants are said to have purchased the lands and pleaded that their vendor does not have the title to sell the property. The allegations as to interference were denied. It was also stated that the appellants encroached into the suit schedule property, which belongs to the Railways and that steps would be taken to remove the encroachments.