B. SANJEEVA REDDY Vs. MOHAMMAD ALLAUDDIN LALLU

JUDGEMENT

(1.) The present appeal has been directed against judgment and decree dtd. 30/1/2004 in A.S.No.21 of 1998 on the file of the Court of the II Additional District Judge at Karimnagar, wherein and whereby the judgment and decree dtd. 9/2/1998 passed in O.S.No.1156 of 1992 by the Principal Junior Civil Judge, Karimnagar, was confirmed. The said suit was filed by the respondents herein for perpetual injunction restraining the appellants herein from interfering with the suit property. The present appeal is at the instance of the first defendant.

(2.) The appellant herein is the first defendant, first respondent herein is the plaintiff and the second respondent herein is the second defendant in the said suit. The appeal against the second respondent is dismissed. For the sake of convenience, the parties are referred to as they were referred to in the suit.

(3.) The sum and substance of the case of the plaintiff is that he entered into agreement of sale with one Awaz Bin Musallam, represented by his General Power of Attorney Holder Abdulla Bin Awaz, in respect of land admeasuring Ac.0-02 guntas forming part of Sy. No.1068, situated at Mankammathota, Karimnagar Town and District (hereinafter referred to as 'suit property'). The sale consideration alleged to have been agreed was Rs.40,000.00. Out of the said amount, he paid Rs.30,000.00 on the date of agreement of sale i.e., 31/7/1992 to Abdulla Bin Awaz and he delivered the possession of the suit property to the plaintiff. As such, the plaintiff is the owner and possessor of the suit property and he dug structures and fixed boundaries.