In a suit for injunction simpliciter, the court cannot adjudicate title without necessary pleadings and issues; possession is the primary concern.

JUDGMENT :

B.V.L.N.CHAKRAVARTHI, J.

This Second Appeal, under Section 100 of the Code of Civil Procedure, 1908, is filed by the appellant/respondent/plaintiff assailing the decree and judgment, dated 05.02.2001, of the learned Senior Civil Judge, Hindupur, passed in A.S.No.26 of 1998.

02. The appellant/plaintiff filed O.S.399/1998 on the file of learned Junior Civil Judge’s Court, Hindupur, against the respondent/defendant seeking the relief of permanent injunction, restraining the defendant and her men from interfering with the peaceful possession and enjoyment of the schedule mentioned plot bearing No.165 measuring 30x50 feet in S.No.118/2, 119/1-B and 119/4 within the boundaries, east-plot No.164 west and north-road and south-plot No.165-A and other houses. The learned trial Court vide judgment and decree dated 15.12.1997 decreed the suit. The respondent/defendant filed appeal in A.S.26/1998 on the file of learned Senior Civil Judge, Hindupur, challenging the judgment and decree of the learned trial Court.

03. The learned Senior Civil Judge, Hindupur, vide judgment and decree dated 05.02.2001 allowed the first appeal with costs, and thereby dismissed the suit in O.S.399 of 1998 on the file of learned Junior Civil Judge, Hindupur.

04. Heard, Sri O.Manoher Reddy, learned Senior Counsel appearing for the Appellant/Plaintiff and Sri N.Ranga Reddy, learned counsel appearing for the Respondent/Defendant. Perused the material on record.

05. The appellant is the plaintiff. The respondent is the defendant. The parties in this Second Appeal shall hereinafter be referred to as arraigned in the Original Suit, for convenience and clarity.

06. The case of the plaintiff is that the Tahsildar of Hindupur granted a Patta for the suit schedule property on 05.05.1979; The plaintiff constructed house in the said site in the year 1966 prior to granting of Patta; Basing on possession, Patta was issued in favour of the plaintiff in the year 1979; A portion of the house was subsequently demolished to form a layout and road; The plaintiff repaired the remaining portion of the house; Boundaries were changed due to formation of layout and road; The defendant is a resident of Anantapur; The defendant and her sons constructed houses at Hindupur and let out them; The defendant visiting Hindupur to collect rents; the defendant falsely claiming right over the property of the plaintiff, and wanted to make construction in the suit schedule site. Hence, the suit for permanent injunction.

07. The case of the defendant is that the plaintiff is staying in the house bearing D.No.5/8/188-A; The entire plot No.165 measuring 30x50 feet was not assigned to the plaintiff; Only western half belongs to the plaintiff; The eastern half belongs to the defendant; The defendant has been in possession of the eastern half of the plot; The plaintiff has furnished false boundaries; The plaintiff has no right or possession over eastern half of the plot measuring 26x30 feet; The defendant constructed a hut in the eastern half; Later, her hut was dilapidated; When the defendant was trying to rebuilt it, plaintiff filed the suit and obtained interim injunction.

08. Taking into consideration of the above pleadings, the trial Court framed the following issues:

1. Whether the plaintiff is entitled for permanent injunction in his favour?

2. Whether the suit schedule property assigned to the defendant by the revenue authorities?

3. Whether the suit for bare injunction without prayer for declaration is maintainable?

4. To what relief?

09. At trial, on behalf of the plaintiff, P.W-1 and P.W-2 were examined and Exs.A-1 to A-7 were marked. On behalf of the defendant, D.W-1 to D.W-3 were examined and Exs.B-1 to B-11 and Ex.C.1 & C.2 were marked.

10. The learned trial Court on consideration of the above evidence placed by the respective parties, decreed the suit granting permanent injunction in favour of the plaintiff. The defendant preferred A.S.26/1998 on the file of learned Senior Civil Judge, Hindupur,