(1.) The plaintiff in O.S. No. 336 of 1993 on the fife of the Court of the Junior Civil Judge, Jagtial, is the appellant. The suit filed by him, forthe relief of declaration of title and perpetual injunction was dismissed, and the counter claim filed by the 1 st respondent was decreed by the trial Court, through its judgment dated 29-01-2001. A.S. No. 1 of 2001 filed by him, in the Court of Senior Civil Judge, Jagtial, was also dismissed on 17-2-2004. Hence, this second appeal.
(2.) The appellant claimed that he purchased the suit schedule property, admeasuring 2 guntas of land in Sy. No. 171, through a registered sale deed dated 14-04-1965 (Ex. A-1), from one Mr. Juwaji Pullaiah, for a consideration of Rs. 1,000/-, and that ever since then, he was in possession and enjoyment of the same. It is his case that he obtained construction permission from the Municipality, Jagtial, on 10-02-1982 (Ex. A-9); commenced construction, by raising pillars, but could not proceed with, on account of financial difficulties. He complained that, attempts were being made by the 1st respondent, Sri Rajarajeswara Swamy Temple, for construction of a Kalyana Mantapam, through the Tirumala Tirupati Devasthanam, the 3rd respondent, claiming that the suit schedule property belongs to the 1st respondent. Pleading this, and other relevant facts, he filed the suit for declaration of title and perpetual injunction.
(3.) The suit was resisted mainly by the 1 st respondent. It was pleaded that the property purchased by the appellant, under Ex. A-1, is totally different from the one, shown in the suit schedule, !t was pleaded that the northern boundary of the land, purchased under Ex. A-1, is the land of one Erra Ramulu, whereas the northern boundary of the suit schedule property is shown as the land of the 1st respondent. They alleged that, on the strength of an order of temporary injunction obtained from the trial Court, the appellant occupied the land, and in that view of the matter, it became necessary to them to seek the relief of recovery of possession, by way of counter-claim.