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1997 Supreme(AP) 257

B.V.RANGA RAJU
Viyyapu Danayya – Appellant
Versus
Peethala Appa Rao – Respondent


B. V. RANGA RAJU, J.

( 1 ) THE plaintiff is the appellant. He filed the suit for declaration of his title in the plaint b schedule property, for a direction to the defendants to put him in vacant possession of the b schedule property and for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the a schedule property.

( 2 ) AS per the plaint averments, the plaintiff purchased Ac. 1. 25 cts. of land bearing patta No. 70 in Sy. No. 82/1 under a registered sale deed dt. 24-3-1977. However, by the date of purchase, the defendants were residing in a house ( b schedule property ). The vendors of the plaintiff told him that the defendants have been residing in the said house, that they will vacate the same as and when demanded, that the defendants also agreed before the plaintiff to vacate the house as and when he demands, that however, in the month of October, 1979 when the plaintiff asked to vacate the same, they refused to do so, that they have been obstructing the passage towards bheemunipatnam-Visakhapatnam road and that they also started leaving their cattle into the lands. Therefore, he filed the suit for the above-men







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