BALAMONI KRISHNA Vs. NARAYANNA REDDY
LAWS(APH)-1982-9-22
HIGH COURT OF ANDHRA PRADESH
Decided on September 11,1982

BALAMONI KISTANNA Appellant
VERSUS
V.NARAYANA REDDY Respondents

JUDGEMENT

- (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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