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2016 Supreme(AP) 494

M.SEETHARAMA MURTI
M. Buchi Babu – Appellant
Versus
Rafia Sulthana – Respondent


Advocates Appeared:
For the Appellants :Mr. N. Subha Rao, Advocate.
For the Respondents:Mr. Nazir Ahmed Khan, Advocate.

JUDGMENT :

M. Seetharama Murti, J.

This second appeal under Section 100 of the Code of Civil Procedure, 1908 by the unsuccessful plaintiff is directed against the judgment and decree dated 12.11.2015 of the leaned VII Additional District Judge, Khammam passed in AS. no.90 of 2013.

1.1 The appellant/plaintiff filed the suit OS.No.41 of 2012 on the file of the Court of the learned Principal Junior Civil Judge, Khammam for a perpetual injunction restraining the defendants 1 to 3 from interfering with his possession over the mulgi bearing H.no.9-2-141/7 situated at Bus stand road of Khammam more fully described in the schedule annexed to the plaint. The first defendant filed a written statement-cum-counter claim seeking the relief of recovery of possession of the said property after evicting the plaintiff/tenant from the said property, besides the reliefs of recovery of arrears of rent and mesne profits. On merits, the trial Court had dismissed the suit of the plaintiff for perpetual injunction and had decreed the counter claim of the 1st defendant and directed the plaintiff to vacate and handover the plaint schedule property to the defendants within 3 months from the date of the judgment












































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