GHANTA KRISHNA DAS Vs. GHANTA SRIHARI RAO

JUDGEMENT

(1.) Defendant in O.S. No.95 of 1978 on the file of the Subordinate Judge, Chirala, is the appellant. Basically, the dispute is between two brothers.

(2.) The appellant, 1st respondent and one Mr. Madhusudhana Rao are the sons of late Garataiah. Madhusudhana Rao is said to have been given in adoption to the family of one Mr. Bakkaiah. Partition is said to have taken place twice, viz., in the year 1957 and 1964 among the appellant and the 1st respondent, and their father. An extent of two acres of wetland, in D.No.447 of Karamchedu Village, is with the family, on lease, for 99 years. The leasehold rights, in respect of the land, were allotted to the father, in the partition.

(3.) The 1st respondent filed O.S.No.356 of 1970 in the Court of District Munsif, Chirala, against the appellant, for the relief of perpetual injunction, in respect of this very property. He pleaded that their father conveyed the said property to him through an agreement dated 2-9-1959, and that ever since then, he is in possession and enjoyment of the property. He complained that the appellant started interfering with his possession. The appellant, on the other hand, pleaded that taking into account the unequal partition, that took place in the year 1957 and 1964, their father passed on the said property to him, in the year 1966. The trial Court dismissed the suit by observing that the property remained in joint, and that no relief of perpetual injunction can be granted to any of the parties.