( 1 ) THIS appeal is directed against the Judgment and decree dated 18-01-1989 passed in A. S. No. 8 of 1979 on the file of the Subordinate Judge, Chirala, reversing the Judgment and decree dated 07-12-1978 passed in O. S. No. 664 of 1974 on the file of the District Munsif, Chirala.

( 2 ) THE appellants herein are the original plaintiff Bulasala Subba Ravamma and her legal heirs who have been added subsequent to her death and the respondent herein is the defendant in the said suit O. S. No, 664 of 1974. For the sake of convenience, the parties are being referred as they are arrayed in the suit.

( 3 ) THE plaintiff filed the said suit seeking permanent injunction restraining the defendant from interfering with her peaceful possession and enjoyment of the open site shown as A,b,c,d and marked as plot No. 2 in the plaint plan situated in front of her house marked as plot No. 1 in the plaint plan. The defendant is the owner of the house marked as plot No. 3 and also the open site which is in front of her house (Plot No. 3) and marked as plot no. 4 in the plaint plan. The house and the open site belonging to the defendant are situated to the south of the house and the open site of the plaintiff. There is a panchayat road passing east-west to the north of the plaintiff s and the defendant s houses and plots. There is also a lane known as bulasala vari galli to the east of the houses and the plots of the plaintiff and the defendant, the plaintiff and the defendant traced their title with respect to their houses and open sites to the registered sale deed dated 06-05-1916 (Ex. A-3) under which Yelamandamma and Mangamma had purchased the open site from bulasala Chowdaiah and others. The purchasers under that sale deed namely yalamandamma and Mangamma were the wives of two real brothers. It appears that the houses shown as plots Nos. 1 and 3 having constructed on the said site by Yalamandamma and Mangamma leaving open space as front yards to their houses facing towards east after effecting partition between themselves. The plaintiff s husband was the brother of the said Mangamma. Subsequent to the death of Mangamma, the plaintiff s husband became the absolute owner of the house and the open site marked as plots Nos. 1 and 2 and after the death of her husband the plaintiff succeeded to the same. Yalamandamma adopted one Venkateswarulu as her son and he succeeded to the house and the open site marked as plots Nos. 3 and 4 respectively subsequent to death of Yalamandamma. Subsequent to the death of venkateswarulu, his widow and daughter sold the plots Nos. 3 and 4 in favour of Kumara Swamy, the husband of the defendant under Ex. B-2 dated 06-05-1956. Ex. B-1 is the xerox copy of Ex. B-2. Thus, the plaintiff and the defendant became the owners of their respective plots shown in the plaint plan Ex. A-1. The plaintiff filed the present suit O. S. No. 664 of 1974 for permanent injunction contending that the defendant with the assistance of her close relatives has been attempting to interfere with her possession of the open site marked as plot No. 2 in the plaint plan.

( 4 ) THE defendant resisting the claim of the plaintiff filed her writtenstatement stating that at the time of partition between Yalamandamma and mangamma a passage of six feet has been left over in the open space i. e. plot no. 2 in front of the plaintiff s house as passage to reach the panchayat road on the northern side from the house of Yalamandamma and that the same was purchased by the defendant s husband under Ex. B-2, that Bulasala vari galli situtated to the east of their houses is a private lane belonging to the owners of the houses situated to the east and south of the defendant s house and that neither the plaintiff nor the defendant have got any right of way through that Bulasala vari galli to reach the panchayat road on the northern side. It is also further pleaded that the defendant has no other way from her house to reach the panchayat road on the north.

( 5 ) T

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