MOTI BAI Vs. MAGAN LAL

JUDGEMENT

(1.) The present appeal assails the judgment and decree dtd. 5/8/2011 in A.S.No.53 of 2007 on the file of the Court of the VI Additional District Judge (Fast Track Court) at Vikarabad (for short, lower appellate Court), whereunder the appeal was allowed reversing the injunction granted by the Court of the Junior Civil Judge, Vikarabad, Ranga Reddy District (for short, trial Court) in O.S.No.40 of 1993, dtd. 26/7/2002.

(2.) The appellants herein are the plaintiffs and the respondents herein are the defendants in O.S.No.40 of 1993. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in O.S.No.40 of 1993.

(3.) The case of the plaintiffs is that they purchased the suit property from defendant No.1 under a receipt dtd. 1/5/1978 (Ex.A-1) by paying advance amount of Rs.500.00. The price agreed was Rs.5.00 per square yard and the balance amount was agreed to be paid at the time of registration of the sale deed. The plaintiffs claimed that defendant No.1 sold the suit property to late Babu Lal, who is the husband of plaintiff No.1 and father of other plaintiffs. On the same day, the possession of the suit property was delivered to Babu Lal. Subsequently, Babu Lal had obtained construction permission from the Gram Panchayat on 10/8/1981 and laid stone pillars surrounding the suit property. The plaintiffs also pleaded that part of the suit premises were let out to the tenants, who are running tyre puncture shop and kirana shop by obtaining due licences from Gram Panchayat. All the above facts establish their settled possession over the suit property.