Plaintiffs must establish the identity of the property to succeed in a suit for declaration of title and permanent injunction.

JUDGMENT

1. This Appeal Suit is directed against the judgment and decree, dated 04.06.2018, in Original Suit No.239 of 2012, on the file of the Court of V Additional District Judge, Nellore (for short, 'the learned Additional District Judge') where under the learned Additional District Judge dismissed the Suit of the plaintiffs, which was filed seeking to declare the title of the first plaintiff over the plaint schedule property and for permanent injunction restraining the defendants and their men from interfering with his peaceful possession and enjoyment over plaint A schedule property; for declaration of title of plaintiffs 2 to 4 over plaint B schedule property and for permanent injunction restraining the defendants and their men from interfering with their peaceful possession and enjoyment over plaint B schedule property and further to direct the defendants to pay a sum of Rs.30,000/- to the first plaintiff jointly and severally for demolishing the western side compound wall of plaint A schedule property with interest thereon at 24% p.a. and for costs.

2. The parties to the Appeal Suit will hereinafter be referred to as described before the trial Court for the sake of convenience.

3. The case of the plaintiffs, in brief, according to the averments in plaint in O.S. No.239 of 2012, is as follows:

(i) Plaint A and B schedule properties were originally owned by Vemireddy Subba Rami Reddy and his sons Chandra Mohan Reddy - 4th defendant herein, Sreenivasulu Reddy and Balakota Reddy, residents of Muthukur village. They got partitioned the said properties and other properties vide registered partition deed, dated 07.02.1979. An extent of Ac.1.69 cents in Survey No.485 of Muthukur village which fell to the share of 4th defendant in the above mentioned partition was sold to one Anumakonda Ramadasu under a registered sale deed, dated 19.08.1980. One Vinnakoti Subbarayudu purchased an extent of Ac.0.19 cents of land equivalent to 114 ankanams in S.No.485 of Muthukur village under the registered sale deed, dated 30.11.1988, from Anumakonda Ramadasu. Vinnakoti Hyma, wife of Vinnakoti Subbarayudu, purchased Ac.0.20 cents of land equivalent to 120 ankanams in S.No.485 of Muthukur village under the registered sale deed, dated 30.11.1988, from Anumakonda Ramadasu. The aforesaid Ac.0.19 cents and Ac.0.20 cents along with other neighbouring lands were converted into house site plots and the layout was approved by Muthukur Gram Panchayat under B.A. No.15/2002-2003 and P.R. No.79/1, dated 31.03.2003. Plot No.34 measuring 146 ankanams is the part of the said land of Ac.0.19 cents and Ac.0.20 cents mentioned as above. Southern portion of 113 ankanams out of 146 ankanams was purchased by the first plaintiff under the registered sale deed, dated 18.06.2003, from them for Rs.1,35,600/- and he took possession of the same which is in plaint A schedule. The remaining extent of 33 ankanams in northern portion of Plot No.34 i.e., in plaint B schedule was purchased by the first plaintiff's younger brother Arugunta Venkata Hareesh under the registered sale deed, dated 18.06.2003, from Vinnakoti Subbarayudu and Hyma. Since the date of purchase, first plaintiff and the said Arugunta Venkata Hareesh had been in physical possession and enjoyment of plaint A and B schedule properties respectively. They also enclosed the Plot No.34 with thorny fencing and later with barbed wire fencing. Venkata Hareesh died intestate on 11.02.2005 leaving behind his mother - 2nd plaintiff, wife - third plaintiff and minor son - 4th plaintiff. Thus, plaintiffs 2 to 4 succeeded to the estate of deceased Arugunta Venkata Hareesh which includes plaint B schedule property. First plaintiff has been in possession and enjoyment of plaint A schedule property. Plaintiffs 2 to 4 are in possession and enjoyment of plaint B schedule property. Since the first plaintiff is employed in USA as software engineer, he executed a registered General Power of Attorney (GPA) on 11.01.2010 appointing his