S RAMA RATHNAMMA Vs. G LAVANYAVATHI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the Principal Subordinate Judge, Srikakulam, in A.S.No.49 of 1986, whereby the decree of dismissal of the suit for permanent injunction in O.S.No.471 of 1981 has been reversed.

(2.) The plaintiff instituted a suit for permanent injunction against the defendants alleging that in family partition, amongst others, the land bearing Survey No. 196/2, area 49 cents (for short 'the suit land') had fallen to the share of late Suri while his brother, B.. Ramulu -DW3 - was allotted the other lands including "Relugaddi" admeasuring 50 cents. After the death of Suri, his share including the suit land had devolved on his son, B, Venkataramana - PW3 B. Venkataramana-PW3, had sold the suit land to the plaintiff through registered sale deed, Ex.Al, dated 30-3-1981. The plaintiff has raised coconut crops in the suit land. The defendants also wanted to purchase the suit land, but having failed to do so, had started threatening the plaintiff to dispossess her from the suit land. Therefore, the plaintiff sought a decree for permanent injunction against them.

(3.) The defendants denied the claim of the plaintiff. They pleaded that the whole land of 49 cents in Survey No.196/2 was not allotted to late Suri, but actually 24 cents out of 49 cents in Survey No.196/2 was allotted to B. Ramulu, DW3, who, in turn, sold the same through registered sale deed, Ex.B 1, on 6-4-1981. The defendants have raised red gram in the said 24 cents of land which is situated in front of their house divided by a road and, therefore, the suit deserves to be dismissed.