SUVARTHA Vs. MEHRUNNISA KHATOON

JUDGEMENT

(1.) This second appeal by the unsuccessful plaintiff in O.S.No.238 of 2004 on the file of the learned II Additional Junior Civil Judge, Warangal, calls in question the concurring judgment of the learned Principal District Judge, Warangal, in A.S.No.51 of 2012, on the following suggested substantial questions of law.

(2.) The suit, O.S.No.238 of 2004, was instituted by the appellant herein for a perpetual injunction restraining the defendant and her men from interfering with her possession and enjoyment over the suit property. The suit property is a house plot admeasuring 260 square yards situated in Sy.No.207 of Waddepalli Village, Warangal District. The appellant-plaintiff claimed that she had purchased the said plot under an agreement of sale dated 08.12.1990 (Ex.A1) and took possession of the same. She further claimed that she had constructed a compound wall on the north and south sides while the wall on the eastern side was constructed by the neighbour. While so, the respondent-defendant, whose house was to the south of the suit plot, objected to the laying of a ceremonial foundation stone in the suit property leading to the filing of the suit.

(3.) The respondent-defendant contested the suit claim denying the right and possession claimed by the appellant-plaintiff over the suit plot. She claimed right over a plot admeasuring 583 square yards in Sy.No.207 of Waddepalli Village.