( 1 ) THIS is the defendants appeal. Plaintiffs filed a suit against the defendant to declare them as absolute owners of the site bearing Khaneshmari No. 258 in khata No. 195/1 measuring east-west 45' and north-south 25' situated in Agaram village, bounded by east-Therumane, west by drain leading to the tank, north by Krishna Reddys land and south by road and also to grant a decree for perpetual injunction to restrain the defendant or his a gents or servants or anybody claiming through him from interfering with the peaceful possession and enjoyment of the suit schedule property.

( 2 ) ACCORDING to the plaint averments, one Neela Shetty son of Chikka Munisetty was the owner of the suit schedule property and that he gifted the property in the year 1975 in favour of the plaintiffs mother Pillamma and thereafter khata was changed in the name of Pillamma and that at present Khaneshmari number stands in the name of Pillamma. During the life time of Pillamma she was paying taxes to the plaint schedule property and that she had also obtained license from the village panchayat in order to put up a construction on the schedule property and that Pillamma died on 16. 12. 1983 leaving behind he

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