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1997 Supreme(AP) 42

B.K.SOMASEKHARA
Prapul Chandra Mukpalkar – Appellant
Versus
P. Ramachandra Reddy – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE appellants are the plaintiffs in O. S. No. 372 of 1981 on the file of the learned District Munsif, Nizamabad. The respondents were the defendants therein. They litigated over the plaint schedule property, a plot bearing No. 51 with an extent of 355. 55 square yards situated at Nizamabad, to be referred to as "the suit plot". The plaintiffs sought for the relief in the suit for declaration of their title to the suit plot and for possession of the same from defendant No. 1 by evicting him and for mandatory injunction to demolish the construction made by defendant No. 1 thereon. The suit was resisted by the. , defendants. The parties went to trial on the following issues : 1. Are the plaintiffs entitled for the declaration that they are owners of the suit plot, each having half share in it ? 2. Is D1 liable for eviction from the suit plot? 3. Are the plaintiffs entitled for the delivery of possession ? 4. Is Dl liable for mandatory injunction, to demolish the construction made by him in the suit plot ? 5. To what relief ?the trial brought in both the oral and documentary evidence, wherein the plaintiffs were examined as PWs. 1 and 2 and six other witness




















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