R.KANTHA RAO
Kuthuru Narasimha Reddy – Appellant
Versus
Pusala Venkataiah – Respondent
Being aggrieved by the judgment and decree dated 12.04.1999 in AS.No.1 of 1998 passed by the Senior Civil Judge, Huzurabad, setting aside the judgment and decree dated 02.05.1997 passed in 0.s.No.1132 of 1992 by the District Munsif, Huzurabad, and granting permanent injunction in favour of the plaintiffs respondents, restraining the appellant defendant from interfering with the possession of the plaintiffs over the entire suit schedule land, the defendant filed the Second Appeal.
2. The plaintiffs filed the suit in respect of an agricultural land of an extent of Ac.2.17 guntas wet land in Survey No.501 situated at Saidapur Revenue Mandal, for the relief of perpetual injunction, contending that the plaint schedule land is the land belonging to their father, it is their ancestral property and that they have been in possession and enjoyment of the same.
3. On the other hand, the defendant contended that the father of the plaintiffs and his brothers sold Ac.1.00 of land, out of the plaint schedule land of Ac.2.17 guntas, in Sy.No.501, to him, under an unregistered sale deed dated 09.09.1960 and since the date of purchase he has been in possession and enjoyment of the same.
4. Befo
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