M. CHANDRAIAH Vs. D. VINOD KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 29/3/2006 passed in O.S.No.33 of 2003 on the file of the learned Senior Civil Judge at Vikarabad, Ranga Reddy District.

(2.) The suit O.S.No.33 of 2003 was filed by the plaintiff for declaration of the title and also for recovery of vacant possession from the defendants and for future mesne profits @ Rs.20,000.00 per annum from the date of suit till the delivery of possession.

(3.) The plaintiff examined himself as P.W1 and the attestors of the sale deeds were examined as P.Ws.2 and 3 and marked Ex.A1 to A6 on his behalf. The first defendant himself examined as D.W1 and he also examined witnesses to Exs.B1 and B2 as D.Ws.2 and 3 and filed Exs.B1 to B23 on his behalf. The trial Court after considering the oral and documentary evidence available on record decreed the suit in favour of the plaintiff and directed the defendants to deliver vacant possession of the schedule property within three months from the date of judgment and also directed the plaintiff to file a separate petition for ascertainment of the future mesne profits. Aggrieved by the said judgment and decree, the defendants in the suit preferred this appeal.