V. SARVESHAM Vs. CHILUKU CHANDRAIAH

JUDGEMENT

(1.) This Second Appeal is preferred by the appellant challenging the judgment and decree dated 17-04-2014 in A.S. No.95 of 2012 of the Principal District Judge, Warangal confirming the judgment and decree dated 18-07-2012 in O.S. No.646 of 2010 of the II Additional Senior Civil Judge, Warangal.

(2.) The appellant herein is plaintiff in the suit. He filed the said suit for declaration that he is the owner of the plaint schedule property and for recovery of possession of the property from the respondent by directing the respondent to remove the tin shed construction and two rooms therein by way of mandatory injunction.

(3.) According to the appellant, a plot No.68 admeasuring 402 sq. yards out of Sy.Nos.232 and 234 at Lashkarsingaram village o f Hanamakonda Mandal, Warangal District was allotted to him by the Jawhar Armed Reserve Police Housing Co-operative Society Limited under an allotment letter Ex.A-4 dated 30-04-1983 after it had purchased an extent of Ac.6.32 guntas under registered sale deed dated 29-04-1983. He claimed that possession of the property was delivered to him under the above letter, but the respondent illegally occupied it and raised two tin shed rooms therein. He also claimed that an injunction suit O.S. No.587 of 1993 was filed by him against the respondent before the II Judicial First Class Magistrate, Warangal for permanent injunction and he obtained a decree therein in his favour.