HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

JUDGMENT:

The present Second Appeal is filed questioning the judgment and decree, dated 28.06.2024, passed by the Principal District Judge, Karimnagar in A.S. No.79 of 2019, whereunder and whereby the judgment and decree dated 29.04.2019 passed by the Additional Senior Civil Judge, Karimnagar in O.S. No.152 of 2013 was confirmed.

2. The appellants are the plaintiffs and the respondents are the defendants in the suit. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

3. Heard Sri Venkat Reddy Kodumury, learned counsel for the appellants.

4. The brief facts of the case, which led to filing of the present Second Appeal, are that plaintiffs are the absolute owners and possessors of the land in Sy.No.319/B to an extent of Ac.0-23 ¼ guntas situated at Arepally Village of Karimnagar Mandal and District (hereinafter referred to suit schedule property) having purchased the same from their vendors by name Bari Laxmi, Bari Ramesh and Bari Srinivas under registered agreement of sale-cum- general power of attorney with possession bearing document No.936/2007, dated 16.06.2007; that plaintiffs are in possession and enjoyment of suit schedule property from the date of purchase; that without any right or interest the defendants are trying to interfere with the peaceful possession and enjoyment of the plaintiffs over the suit schedule property and that in the 3^rd week of June, 2013 the defendants with their followers came to the suit schedule property and tried to interfere and they made another attempt on 26.06.2013 and therefore, the plaintiffs filed the suit for perpetual injunction.

5. Defendant No.1 entered appearance and filed written statement and stated that Bari Rajaiah, husband of Bari Laxmi and father of Bari Ramesh and Bari Sriniwas was the original owner and pattadar of land in Sy.No.319/B and he sold land to an extent of Ac.0.15 guntas in Sy.No.319/B to the defendant under a simple sale deed dated 30.11.1994 for valuable consideration and since then defendant No.1 is in continuous possession of the said property; that Bari Rajaiah in collusion with one D. Ananthamma brought into existence simple sale deed dated 11.09.1987 in respect of Ac.0.13 guntas in Sy.No.319/B and filed the suit in O.S. No. 150/1997 for declaration of title and perpetual injunction against Bari Rjaiah, Bari Ramesh and defendant No.1. That defendant No.1 filed written statement in the said suit claiming title, interest and right over the extent of Ac.0.15 guntas and the said suit was dismissed with an observation that D. Ananthamma and Bari Rjaiah and his legal heirs colluded and created the sale deed dated 11.09.1987; that aggrieved by the said judgment and decree, D. Ananthamma preferred appeal vide A.S. No.9 of 2005 before the III Additional District Judge, Karimnagar and the same was dismissed; that defendant No.1 filed O.S. No.120 of 2007 against Bari Ramesh, Bari Laxmi and Bari Srinivas for declaration and perpetual injunction basing on the judgment and decree in O.S. No.150/1997 and A.S. No.9/2005 and the same is pending; that agreement of sale-cum-GPA bearing No.6936/2007, dated 16.06.2007 was executed fraudulently by the said vendors of the plaintiffs in respect of Ac.0.23 ¼ guntas which includes Ac.0.15 guntas belonging to defendant No.1 which is subject matter of O.S. No.120/2007 and that the plaintiffs alienated part of suit schedule land to 3^rd parties vide sale deeds bearing Nos.9257/2007, dated

30.07.2007, 9256/2007, dated 30.07.2007, 5310/2008, dated 31.07.2008, 12475/2008, dated 07.11.208, 4729/2008, dated 22.07.2008 and in view of transfer of right and title, plaintiffs ceased to owners of the suit schedule property and thus, plaintiffs are not entitled for any relief.

6. Defendant Nos.2 to 4 filed written statement and denied that Bairi Rajaiah sold Acquired land.0.15 guntas of land to defendant No.1 under sale deed dated 30.11.1994 and further stated that the