G. YETHIRAJULU, J.

( 1 ) THIS appeal is directed against the judgment of the Senior Civil Judge, sangareddy dated 29-6-2001 in O. S. No. 31 of 1982 preferred by the plaintiffs.

( 2 ) THE respondent herein is the defendant in the suit. The sole plaintiff filed the suit for declaration of title and possession of suit schedule land of an extent of Ac. 1-27 guntas situated in S. No. 204/2 at ramachandrapuram Village, Sangareddy mandal more fully described in the schedule. Plaintiffs 2 to 5 were brought on record on account of the death of the sole plaintiff.

( 3 ) THE averments of the plaint in brief are as follows:

( 4 ) THE plaintiff is the owner of an extent of Ac. 5-00 in S. No. 204/2 and Ac. 2-08 gts. in S. No. 204/3 comprising the total extent of ac. 7-08 gts. at Ramachandrapuram Village, sangareddy Mandal, Medak District. He purchased those lands under two registered sale deeds dated 4-11-1963 and 26-5-1966 from B. Viswanadham, Masetti Sivaiah, gollapalli Ramireddy and Basupalli Krishna reddy. Subsequent to the said purchase, the plaintiff applied for mutation of land in his favour and the mutation was effected. The land purchased by him is situated to the eastern side of the national highway No. 9. The plaintiff was in possession and enjoyment of the suit land till 1976. The defendant obtained permanent injunction against him by filing an injunction suit in o. S. No. 58 of 1976 on the file of the Munsif magistrate Court, Sangareddy. Under the guise of injunction, the defendant dishonestly with an intention to have illegal gain shifted the boundary stones by about 84 ft. towards south. There was no fencing separating the land belonging to the plaintiff and of the defendant till June 1976. The plaintiff and the defendant got the land measured and demarcated through Survey and Land Records Department on 10-1-1976 and 3-5-1976. Subsequently the defendant fixed the fencing by shifting the boundary stones prior to the date of inspection of the commissioner on 1-10-1976. The defendant encroached into an extent of Ac. 1-27 guntas of his land in about June 1976 under the guise of injunction. The defendant enjoyed the land unauthorisedly by constructing a cinema theatre. Therefore, the plaintiff is entitled for compensation at Rs. 3,300. 00 per month. Hence the suit for declaration of title, recovery of possession and compensation.

( 5 ) THE defendant resisted the suit through his written statement with the following averments in brief:

( 6 ) THE averments of the plaint are not true. S. No. 204/2 abuts the highway to the north. The land of an extent of Ac. 7-27 guntas situated in S. No. 204/2 belongs to the defendant, but not to the plaintiff. S. No. 204 was not sub-divided on 18-1-1977. It was sub-divided on 15-3-1978. The land of an extent of Ac. 7-27 guntas in his possession fell in S. No. 204/2. The plaintiff was never in possession of the land purchased by him under two sale deeds. The defendant filed o. S. No. 58 of 1976 for injunction in respect of the land situated in S. No. 204 and the suit was decreed in his favour and the said judgment and decree dated 10-8-1979 became final. The plaintiff clandestinely removed the boundary stones fixed along ab line and got them fixed along EF line after coming to know that his land fell short of the total extent in S. No. 204 purchased by him under two sale deeds. The defendant made an application to construct a permanent cinema theatre in S. No. 204 and obtained requisite permission from the district Revenue Officer, Medak on 26-8-1976. On 24-10-1977 the D. R. O. negatived the objection raised by the plaintiff regarding the issuance of permission for construction of cinema theatre to him. The defendant raised structures in his own land and they are authorized constructions. He is in lawful possession and enjoyment of the land up to the bund along the line CD as shown in the plaint sketch plan. One Bomma viswanadham and three others purchased an extent of Ac. 34-32 guntas situated in s. N

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