CHINALU KARIADU Vs. CHINALU JADIADU

JUDGEMENT

(1.) This is a defendant's appeal against reversing judgment.

(2.) The plaintiff-respondent instituted the suit for declaration of title, permanent injunction and recovery of possession in the event he is dispossessed during trial of the suit. The case of the plaintiff was that the suit house originally belonged to one Chinalu Hadiani, wife of Chinalu Krishna. She along with her husband adopted the father of the plaintiff. His father, Chinalu Bhuluga became the owner of the suit house. For legal necessity, his father sold half of the suit house and kept other half with him. After death of his father, he, being the only son, succeeded to the suit house. The defendant is the agnatic brother of his father. He had no right, title and interest over the suit house. He created disturbance in possession of the plaintiff. The plaintiff initiated a proceeding under Section 144 Cr.P.C. in the court of the Executive Magistrate, Digapahandi, which was decided against him. With this factual scenario, he instituted the suit seeking the relief mentioned supra.

(3.) The defendant entered contest and filed a written statement denying the assertions made in the plaint. The case of the defendant was that the house was sold to his father by the father of the plaintiff in the year 1946. Since then his father was in exclusive possession of the same. In a family partition, the suit house was allotted to his share. He was in possession of the same. The plaintiff had no right, title and interest over the suit house since his father sold the remaining portion to one A.Dandasi by means of a registered sale deed. The plaintiff is residing in another house situated in the village. A false case under Section 144 Cr.P.C. had been filed before the Executive Magistrate, Digapahani only to harass him.