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1974 Supreme(AP) 195

VISWANATHA SASTRY
Nelli Narasimha Reddy – Appellant
Versus
Vadla Krishnaiah – Respondent


VENKATRAMA SASTRY, J.

( 1 ) PLAINTIFF is the appellant in this Second Appeal. He filed the suit for a perpetual injunction restraining the defendants from interfering with his possession of the suit land bearing R. S. No. 110 situate in Karpamula Village measuring 37 guntas. It was dismissed in the first court though many of the findings are in his favour and the decree has been confirmed in appeal. Hence the second appeal. A few facts are necessary to understand the point arising in this appeal

( 2 ) THE plaintiff purchased the suit land from Vadla Balanarayana, P. W. 4, who is the brother of the defendants 1 and 2 for Rs. 500 under an agreement of sale dated 6-12-1960 marked as Ex. A-1. P. W. 4 sold the property as manager of the joint family consisting of himself and his two brothers, according to the plaintiff, for a legal necessity. The plaintiff was put in possession of the suit land on the same date and he was in actual possession paying land revenue to the Government. On 9/08/1970, when he went to the suit land to plough the same for purposes of cultivation, all the defendants came there in a body without any authority and, taking the law into their own hands, unyoked the pl

















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