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1982 Supreme(AP) 327

T.LAKSHMI NARAYANA REDDY
BALAMONI KISTANNA – Appellant
Versus
V. NARAYANA REDDY – Respondent


T. LAKSHMINARAYANA REDDY, J.

( 1 ) THIS is an appeal against the decree and judgment passed in a. S. No. 59 of 1978 on the file of the Additional District Judge, Mahabubnagar, dated 9-12-1980. Defendants 1 to 18 are the appellants The appeal arose in the following circumstances:

( 2 ) THE present respondent filed the suit under Section 39 of the specific RELIEF ACT, 1963 for a mandatory injunction against defendants 1 to 18 to pull down and to remove the temporary huts raised by them in the land bearing S. No. 1073 situated at Wanaparthi The plaintiff s case in brief is, that the land of 1 acre 8 guntas in the above survey number originally belonged to Raja Rameswara Rao, the 19th defendant. He gave this land to the plaintiff thirty years ago for the purpose of construction of a house. The plaintiff constructed a house therein in a partion; and the rest of the land, an extent of 3507 sq. yards remained vacant. He was paying a special land assessment for the same under the Land Revenue Act. He became the owner because of his exclusive possession for over thirty years. In January 1976, defendants 1 to 18 erected scattered temporary huts in suit site, overnight. Hence the suit.

( 3 ) IT























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