K NARAYANAPPA Vs. A SREERAMULU REDDY

JUDGEMENT

(1.) PLAINTIFF in a suit for declaration of title and perpetual injunction is the appellant in this second appeal. For the sake of convenience, parties to this appeal would hereinafter be referred to as they are arrayed in the trial court.

(2.) THE suit was instituted against the defendants i. e. defendants 1 to 3. After the first defendant filed is written statement, on a petition filed for that purpose by the plaintiff, defendants 4 to 6 were brought on record.

(3.) THE case, in brief, of the plaintiff, is that his father was the owner of ac. 1-27 cents in S. No. 718/3 of Gonumakulapalli (the suit land) and after the death of his father about two years prior to the filing of the suit, he became entitled to the suit land and hence he is in possession and enjoyment of the same from then onwards and that defendants 1 to 3, who have no right over the suit land seem to have brought into existence a nominal and spurious sale deed, executed by defendants 2 and 3 and Akkamma in favour of the 1st defendant when in fact the suit land has always been in his possession and enjoyment only and so he got issued a notice to the 1st defendant and the revenue officials of palamaneru Taluq in 1980 bringing to their notice that 1st defendant has no right over the suit land and as he only is in possession and enjoyment of the suit land no patta pass book should be issued in favour of the 1st defendant. When defendants 1 to 3 had illegally and unlawfully tried to plough the suit land on 12. 03. 1986 he resisted their acts with the help of the villagers. As defendants 1 to 3 started proclaiming that they would cause trouble to him, he filed the suit for declaration of his title and injunction in respect of the suit land.