BALAMONI KRISHNA Vs. NARAYANNA REDDY
HIGH COURT OF ANDHRA PRADESH
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(1.) This is an appeal against the decree and judgment passed in
A.S. No. 59 of 1978 on the file of the Additional District Judge, Mahabubnagar,
dated 9-12-1980. Defendants 1 to 18 are the appellants The appeal arose
in the following circumstances:
(2.) The present respondent filed the suit under Section 39 of the
SPECIFIC RELIEF ACT, 1963 for a mandatory injunction against defendants 1 to 18 to
pull down and to remove the temporary huts raised by them in the land
bearing S. No. 1073 situated at Wanaparthi The plaintiff's case in brief
is, that the land of 1 acre 8 guntas in the above survey number originally
belonged to Raja Rameswara Rao, the 19th defendant. He gave this land
to the plaintiff thirty years ago for the purpose of construction of a house.
The plaintiff constructed a house therein in a partion; and the rest of the
land, an extent of 3507 sq. yards remained vacant. He was paying a special
land assessment for the same under the Land Revenue Act. He became
the owner because of his exclusive possession for over thirty years. In January
1976, defendants 1 to 18 erected scattered temporary huts in suit site,
overnight. Hence the suit.
(3.) It is the case of defendants 1 to 18 that the suit land does not belong
to the 18th defendant. It is not true that the plaintiff is in possession of
the suit land of 3507 sq. yards for the last thirty years; and that he perfected his
title by prescription; that the suit land is Gowthan land, that the
defendants erected their huts in it in or about the year 1900 and since then
they are in continuous possession of the same. It is not true that they
raised their huts in January 1976.;
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