This Second Appeal is preferred by the appellant/1st defendant in O.S.No.204 of 1991 aggrieved by the Judgment and Decree dated 15.07.2005 in A.S.No.2 of 1999 passed by the IV Additional District Judge, Nellore, whereby and whereunder the learned Judge allowed the appeal filed by the plaintiff and set aside the Judgment and Decree dated 03.11.1998 in O.S.No.204 of 1991 passed by the III Additional Junior Civil Judge, Nellore, filed for permanent and mandatory injunction.

2. The parties in this Second Appeal are referred as they were arrayed before the Trail Court.

3. The factual matrix of the case is thus :

(a) The plaintiffs case is that she owns Ac.0-48 cents of wet land in Sy.No.571-1A of Brahmadevi village, Muthukur Mandal having purchased under Ex.A.1sale deed. There was a road running from East to West towards Southern side of the land purchased by her. 1st defendant and his son i.e., 2nd defendant, who are residing jointly adjacent to the land of plaintiff, constructed a house in the road margin illegally. The defendants dug trenches adjacent to the road berm and also encroached into 2 Ankanams of plaintiffs land. When the husband of the plaintiff objected, defendants closed the drainage channel which was in existence since long time. The rain water from the land of plaintiff passes through that drainage channel and if it is closed, the rain water gets stored in the land of plaintiff and submerge the crop raised in the land and cause severe loss. The plaintiff and her husband approached the village Sarpanch Kaliki Ramana Reddy complaining the illegal acts of the defendants and when the village Sarpanch along with some other elders visited the spot on 01.06.1981, the defendants temporarily stopped the construction. However, the defendants were making hectic efforts to proceed with the construction.

Hence the suit.

(b) As per the orders in I.A.No.206 of 1998, plaint was amended seeking the relief of mandatory injunction directing the defendants to remove the constructions made in the suit schedule site pending orders passed in I.A.No.374 of 1991.

(c) Defendant No.1 filed written statement admitting that there was a road margin of 15 feet width and the drainage channel in the road margin used for passing water from the village to the fields. He denied that the defendants entered the road margin and closed the drainage channel and made preparations to construct a stone walled house. He also denied that defendants dug trenches and encroached into the land of plaintiff and closed the drainage channel, thereby giving scope for submergence of plaintiffs land and crops. It is contended that there was no such diminution of value of land of plaintiff with the alleged construction made by defendants, as the houses of defendants and others were in existence since past 20 years. It is submitted that defendants along with 59 others occupied the road margin adjoining the plaintiffs land and they raised their houses and that they were in uninterrupted possession and enjoyment of the properties. Due to heavy rains in 1984, the houses were damaged and all the persons dug trenches and raised stone walls and laid cement sheeted roofing to the houses. In the year 1989 and also in 1991, there was cyclone resulting in damage of the houses of the defendants and others. It is contended that the husband of the plaintiff intends to knock away 20 Ankanams house site of defendants and threatened 1st defendant to vacate the house to form layout for his land and sell the same as house plots by offering Rs.1,000/- to the 1st defendant. As the 1st defendant disagreed, the husband of plaintiff lodged a complaint with the police against the 1st defendant and on enquiry they found 1st defendant was in possession of the property since 20 years and hence taken no action. It is also contended that plaintiff encroached into 2 Ankanams house site of 1st defendant and making false claim against him. There was a way of 40 feet x 20 feet to facilitate the move