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1999 Supreme(AP) 8

A.HANUMANTHU
K. Venkatasubba Reddy – Appellant
Versus
Bairagi Ramaiah (died) by LRs. – Respondent


A. HANUMANTHU, J.

( 1 ) THIS appeal by the defendant is directed against the reversing judgment/dated 25. 2. 1991 passed by the principal Subordinate Judge, Tirupati in AS No. 49 of 1982. The 1st respondent herein was the plaintiff and the appellant herein is the defendant in OS No. 620 of 1978 on the file of Principal District Munsif, Tirupati. The respondents 2 to 7 are the legal representatives of the plaintiff and have been brought on record in this appeal. The parties are being referred to as they are arrayed in the suit.

( 2 ) THE dispute relates to a strip of open site admeasuring 4 ft. North-South and 45 ft. East-West situated in between the sites of the plaintiff and the defendant, in Venkatagiri village. The disputed site is shown in the plaint b schedule. The site along with the thatched hut therein belonging to the plaintiff is shown in plaint a schedule. The site and hut of the defendant is situated to the north of the disputed site. The claim of the plaintiff is that the disputed site shown in plaint b Schedule forms part of plaint a schedule site admeasuring 30 ft North-South, 45 ft. East-West, that it is his ancestral property, that it has been in possession












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