DOLLA SUBBARAO, W.G. DIST Vs. EEDA AMRUTHARAO

JUDGEMENT

(1.) This Second Appeal is filed challenging the judgment and decree dt.29.02.2016 in A.S. No.181 of 2012 of the Additional District Judge, Narsapur reversing the judgment and decree dt.04.06.2012 in O.S. No.176 of 2006 of the Senior Civil Judge, Narsapur.

(2.) The 2nd appellant and the deceased-1st appellant were plaintiffs in the above suit. They filed the suit for perpetual injunction against the respondents in respect of Ac.0.65 cents of vacant site in R.S. No.174/1 and 2 of Chuttuvari village, Narsapur Mandal.

(3.) It is the case of the appellants that the plaint schedule property belongs to the paternal grand father of the 1st appellant by name Dolla Venkadu, and on his death, it devolved on the father of the 1st appellant, who also died 30 years prior to the suit. Thereafter, it devolved on the 1st appellant. The appellants claimed to be in possession and enjoyment of the plaint schedule property and that in 1986, they reconstructed in the place of thatched house, a pucca house for the benefit of the 2nd appellant and another son by name Prasad and house tax was being paid thereon.