P.VENKATRAMA REDDY
Vaditho Anantharao Naik – Appellant
Versus
Bhoomisetty Rajaiah – Respondent
( 1 ) IN this CRP. , the order passed by the learned Munsif Magistrate, Vinukonda dated 29-7-1993 in CFR No. 1536/93 in an un-numbered suit filed by the petitioner herein is questioned.
( 2 ) THE suit was filed for a permanent injunction restraining the defendant and his men from intefering with the plaintiff s peaceful possession and enjoyment of the plaint schedule land. According to plaint averments, the defendant entered into an agreement of sale in respect of the plaint schedule land on 30-7-92 and put the plaintiff in possession on the same date after receiving the entire balance of sale consideration. Thereafter, the petitioner has been raising crops and remained in effective possession of the land. The petitioner-plaintiff further alleged that the defendant and his men were trying to interfere with his possession. Hence the suit was filed.
( 3 ) IT is stated in the plaint that the suit is passed on possessory title of the plaintiff and the plaintiff reserves his right to file a suit for specific performance of contract. In the impugned order, the learned Munsif Magistrate relied upon the judgment of this Court in Mohd. Jahangir vs. Mallikharjuna Co-
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