ANUPATI RAMASWAMY Vs. M.NIRMALA DEVI

JUDGEMENT

(1.) Heard Sri Rohan Aloor, learned counsel for the appellants on the question of admission. Perused the record.

(2.) This Second Appeal is preferred aggrieved by the Judgment and Decree in A.S.No.14 of 2023, dtd. 10/6/2025 on the file of the learned Principal District Judge at Mahabubnagar, confirming the Judgment and Decree in O.S.No.101 of 2011 dtd. 17/3/2022 on the file of the Principal Junior Civil Judge Mahabubnagar.

(3.) The Respondent No. 1 originally filed a suit seeking relief of perpetual injunction against the appellants herein and respondents 2 to 6 with respect to property consisting of agricultural land to an extent of Ac.1.00 Gts. out of Ac.9.33 Gts. in Sy.No.154/2 situated at Yenugonda Village, Mahabubnagar Mandal and District. The Respondent No.1 claimed to have purchased the suit schedule property through a registered sale deed from appellant Nos.2 and 8, respondent No.3 and fathers of some of the appellants/respondent Nos.2 to 6, who were occupants of the suit land. The suit schedule property is Inam land. The respondent No.1 secured occupancy rights certificate from the Revenue Divisional Officer, Mahabubnagar after due enquiry. The respondent No.1 claimed to be in possession and enjoyment of the suit schedule property ever since its purchase. The revenue authorities have issued title deed and pattadar passbook in favour of respondent No.1 with respect to suit schedule property. In the year 2002, when there was interference from appellant No.8, father of respondent No.4 along with their associates, the respondent No. 1 filed suit in O.S.No.240 of 2002 seeking perpetual injunction and said suit was decreed. Thereafter, in the year 2006, respondent No.1 obtained permission from Yenugonda Grampanchayath for construction of compound wall around the suit schedule property along with a room meant for use by a watchman. The construction of compound wall and a room for watchman was meant for preventing encroachment from others i.e., to protect the land from land grabbers. While things stood thus, the daughter of Respondent No.1 completed her MBBS education from Gandhi Medical College, Hyderabad and went to United States of America for super specialisation. At that time, Respondent No.1 obtained bank loan from State Bank of Hyderabad, Padmavathi Colony Branch, Mahaboobnagar for funding her daughter's education by submitting the title deeds of the suit schedule property as security. On account of financial problems, respondent No.1 could not raise the compound wall from ground level to upper level.