Gevireddigari Venkataramana ... vs Gevireddigari Thippamma
2021 Latest Caselaw 144 AP

              THE HON'BLE SRI JUSTICE B.KRISHNA MOHAN


                     SECOND APPEAL No.755 OF 2019


JUDGMENT :

The present Second Appeal arises against the Judgment in

A.S.No.22 of 2018 on the file of the Senior Civil Judge, Punganur, dated

16.10.2019 confirming the Judgment and Decree in O.S.No.114 of 2009

on the file of the Principal Junior Civil Judge, Punganur, dated

29.09.2018.

2. The appellants herein are the appellants before the lower

appellate Court and defendants in the suit before the trial Court. The

respondent herein is the respondent before the lower appellate Court

and plaintiff in the suit before the trial Court.

3. Heard the learned counsel for the appellants and the learned

counsel for the respondent.

4. The suit is filed by the plaintiff for declaration of her right and

title over the suit 'B' schedule property shown as 'DEFG' in the plaint

sketch and recovery of vacant possession of the same and grant of

permanent injunction restraining the defendants and their men from

interfering with her possession and enjoyment over the suit 'A' schedule

property shown as 'ABCDGF' in plaint sketch and costs. The said suit

was contested by the defendants and the trial Court framed the

following issues :

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(1) Whether the plaintiff is entitled for declaration of title and recovery of possession of suit 'B' schedule property shown as 'DEFG' portion in rough sketch annexed to the plaint ?

(2) Whether the plaintiff is entitled for grant of permanent injunction against the defendants for the property shown as 'ABCDGF' portion in rough sketch annexed to the plaint?

(3) To what relief ?

5. In the trial, PWs.1, 2 and 3 were examined for the plaintiff and

Exs.A1 to A6 were marked for the plaintiff. On behalf of the defendants

DWs.1 to 3 were examined and Exs.B1 and B2 were marked. The

advocate commissioner was examined as CW1 and Ex.C1 to Ex.C5 were

also marked. After considering the case on merits basing on the

material available on record, the trial Court came to a conclusion that

the plaintiff proved that she got Ac.0.68½ cents in suit survey number

and the boundaries shown in Ex.A2 are tallying with the suit schedule

boundaries. Hence, the plaintiff is entitled for declaration of her title

over 'B' schedule property shown as 'DEFG' in the plaint sketch.

Consequently, the suit was decreed declaring the right and title of the

plaintiff over the suit 'B' schedule property and ordered recovery of

possession of the same within three (3) months from the date of its

Judgment by further granting permanent injunction against the

defendants, restraining them to interfere with the peaceful possession

of the plaintiff after delivery of possession by Judgment and Decree,

dated 29.09.2018. Aggrieved by the same, the defendants preferred an

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appeal in A.S.No.22 of 2018 on the file of Senior Civil Judge at Punganur

and the lower appellate Court further considering the case on merits

came to a conclusion that the evidence of appellants/defendants

coupled with the commissioner's report establishes that 'B' schedule

property is in possession and enjoyment of the defendants over which

they have no legal valid title to continue and enjoy the same and the

'B' schedule property is a part of suit 'A' schedule property, on which

the respondent/plaintiff has got title and as such the plaintiff is

entitled to recover 'B' schedule property from the possession of the

defendants.

6. Upon the said conclusion/finding the lower appellate Court

confirmed the Judgment and decree of the trial Court vide its Judgment

dated 16.10.2019. Subsequently, the unsuccessful defendants filed the

present Second Appeal before this Court seeking indulgence of this

Court, assailing the concurrent Judgments of the Courts below.

7. Having regard to the facts and circumstances and perusal of the

Judgments of the Courts below, this Court is of the firm opinion that it

doesn't require any interference with the reasoning assigned by the

Courts below on the right of the plaintiff for her declaration of the 'B'

suit schedule property and recovery of vacant possession of the same

from the defendants and as such, the Second Appeal is dismissed with

no costs. However, the appellants herein/defendants shall vacate the

'B' suit schedule property by handing over the delivery of possession to

the respondent/plaintiff within three (3) months from the date of

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receipt of a copy of this Judgment, if not already vacated and

delivered.

As a sequel, miscellaneous petitions, if any pending in the Second

Appeal, shall stand closed.

_________________________ JUSTICE B. KRISHNA MOHAN

Date: 18-01-2021 Yvk