POLASA RAJALAXMI Vs. M A RAHEM

JUDGEMENT

(1.) The appellant filed O.S. No.878 of 1982 in the Court of Principal District Munsif, Warangal, against the respondent, for the relief of perpetual injunction, to restrain the latter from interfering with the suit schedule property. The appellant pleaded that she is the owner and possessor of the house bearing No. 15/81/2 of Rangampet, Warangal, and that having purchased the same through Sale Deed dated 10-7-1963, she constructed a house soon thereafter. She also pleaded that she purchased the neighbouring piece of the land on the western side through Sale Deed, dated 3-4-1964.

(2.) According to the appellant, there is a proposed road of 30 feet wide on the rear (southern) side of her house and on the other side of the same, the property of the respondent exists. She stated that she laid a pipeline to drain the water from her house through the said 30 feet road into the surplus water canal of the Bhadrakali Tank. The grievance of the appellant was that taking advantage of her absence, the respondent had encroached into about 15 feet of the said proposed road, obstructing her right to utilize the same. With these and other allied facts, the appellant prayed for the relief of injunction as referred to above.

(3.) The respondent filed a written statement denying the allegation as to the existence of any proposed road on the rear side of the appellant's house. He contended that it is the appellant, who had constructed house over a property which is other than one purchased by her. He pleaded that he did not encroach into any property belonging to any one, much less, that of the appellant.