AG TRINADHA SWAMY Vs. GANDHAM SATYANARAYANA

JUDGEMENT

(1.) The petitioner filed O.S. No.610 of 2004, in the Court of Principal Junior Civil Judge, Machilipatnam, against the respondents, for the relief of perpetual injunction. He filed LA. No. 1158 of 2004, under Order 39 Rule 1 C.P.C., for temporary injunction.

(2.) The petitioner pleaded that four items of suit schedule property, being agricultural lands, were purchased by his father, through sale deed, dated 12-5-1960, under Ex .P.1. He stated that after the death of his father in the year 1964, his mother was in possession and enjoyment of the said land. Petitioner pleaded that his mother executed a will, dated 29-1-2003, and after her death in the year 2003, the suit schedule properties have devolved upon him and his brother.

(3.) The petitioner complained that the 1st respondent, who is none other than his brother-in-law, and his brother, the 2nd respondent herein, started interfering with their possession, with the co-operation and assistance of 3rd respondent. It was urged that the 1st respondent initially got the suit schedule properties leased in favour of the 3rd respondent, and thereafter, started cultivating the land by himself, up to the year 2004, high handedly. It is said that on 6-9-2004, when the petitioner and his brother were cultivating the land, the 1st respondent attacked them with the help of some other persons and that, in turn, resulted in filing of complaints and registration of cases. The petitioner has filed the title deeds, as well as cist receipts, up to the year 1985.