KACHANA PADMAVATHI Vs. PRODDATUR MUNICIPALITY

JUDGEMENT

(1.) The appellants filed O.S.No.238 of 1983, in the Court of Principal District Munsif, Proddatur, for the relief of perpetual injunction, to restrain the respondents herein, from interfering with the possession of the suit schedule property, particularly, a strip of land, that was sought to be converted into a road. The relief of mandatory injunction was also prayed for, to direct the respondents herein, to remove the road laid by them.

(2.) The appellants pleaded that their paternal grand mother, by name Veeramma, was the owner of Ac.3-00 of land in Sy.No.315/1 and 2 of Proddatur, and out of it, she bequeathed an extent of Ac.1-00 of land, through a will dated 26.2.1974. They pleaded that on 17.8.1983, the defendants trespassed into the land and laid road, across it. They pleaded that the respondents do not have any right to lay the said road.

(3.) On behalf of the respondents, a written statement was filed, stating, inter alia, that out of Ac.3-00 of land, a part of it was sold during the life time of Veeramma, and another part by the father of the appellants, by name Suryanarayana Reddy, to third parties, and across the suit schedule property, a way was provided to the said plots. It was alleged that there existed a way, across the suit schedule property, and to provide amenities, the road was laid.