DISTRICT COLLECTOR Vs. M.KASHINATH

JUDGEMENT

(1.) This appeal suit is filed against the Judgment and decree dtd. 29/10/2010 in O.S.No.848 of 2002, passed by the learned V - Additional Senior Civil Judge, R.R.District.

(2.) The respondents/plaintiffs filed a suit vide O.S.No.848 of 2002 against the appellant/defendant for declaration and perpetual injunction regarding the land in Sy.No.8 admeasuring Acs.15 - 12 gts, situated at Himyathsagar, Rajendranagar Mandal, Ranga Reddy District. The trial Court got examined P.Ws.1 to 3 and marked Exs.A1 to A59 on behalf of the plaintiffs and the defendant got examined D.W.1 and marked Exs.B1 to B18 on his behalf. The trial Court after considering the oral and documentary evidence on record, decreed the suit in favour of the respondents/plaintiffs. Aggrieved by the said Judgment and decree, defendant therein preferred the present appeal.

(3.) The learned Counsel for the appellant/defendant contended that the trial Court erred in decreeing the suit stating that respondents/defendants are the owners and are in possession of the suit schedule property, without any evidence for such declaration and also contended that trial Court failed to see the penalty imposed under Sec. 3 of the Land Encroachment Act for illegal possession by one Mallappa i.e., grandfather of respondents No.1 and 5. The trial Court failed to see that the subject land was a Government land as per Khasra pahani prepared during the year 1954-55, in which the said land was mentioned as Sarkari Poramboke. He further contended that the trial Court failed to see that injunction cannot be granted to an illegal possessor. The trial Court failed to see that amount paid to the respondents for the acquisition of land made for the purpose of laying outer ring road was only Exgratia to the encroachers, but not compensation. The possession of the respondents/plaintiffs was unauthorized and illegal and they failed to prove that they are in possession of the suit schedule property. Therefore, requested the Court to set aside the Judgment and decree passed by the trial Court.