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1995 Supreme(AP) 26

B.SUBHASHAN REDDY
Gandam Sujatha – Appellant
Versus
Kathirisetti Venkata Narasaiah – Respondent


B. SUBHASHAN REDDY, J.

( 1 ) THIS revision is filed by the defendant who has suffered an injunction at the instance of the respondent-plaintiff. I refer the parties as arrayed in the suit. The plaintiff filed a suit O. S. No. 61/94 on the file of the Principal District Munsif, Srikakulam seeking permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the plaint schedule house property at Srikakulam. In the suit, the plaintiff stated that the poser of the defendant as his daughter-in-law is incorrect as she was not a legally wedded wife of his son. The Court below held that prima facie there is a proof that the defendant is the daughter-in-law of the plaintiff by virtue of her marriage with plaintiff s son and that she, had been in possession of the suit house in the status of daughter-in-law and as a member of the joint family and as such, no injunction can be granted. On an appeal by the plaintiff, the lower appellate Court granted injunction. But, the injunction was not granted on the premise that the plaintiff was in exclusive possession and the defendant was not in possession and that the defendant was trying to trespass the




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