Drugs Inspector & Anr. VS. Fizikem Laboratories Pvt. Ltd.& Anr.

Supreme Court of India

Case Law No.6191, Reporting JudgeA.K.Mathur

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Drugs Inspector & Anr. VS. Fizikem Laboratories Pvt. Ltd.& Anr.

The Judgement Information System CASE NO.: Appeal (civil) 6191 of 2001

PETITIONER: Anathula Sudhakar RESPONDENT: P. Buchi Reddy (Dead) By LRs & Ors DATE OF JUDGMENT: 25/03/2008

BENCH: R. V. Raveendran & P. Sathasivam JUDGMENT: J U D G M E N T (Reportable)

CIVIL APPEAL NO.6191 OF 2001

R.V. RAVEENDRAN, J.

This appeal by special leave is by the defendant in a suit for permanent injunction. Puli Chandra Reddy and Puli Buchi Reddy were the plaintiffs in the said suit. Both are now no more. The Legal Representatives of Puli Chandra Reddy are Respondents 2 to 5 and Legal Representatives of Puli Buchi Reddy are Respondent 1 (i) to (iii). The suit related to two sites bearing no. 13/776/B and 13/776/C measuring 110 sq. yards and 187 sq. yards in Matwada, Warangal town, together referred to as the 'suit property'.

2. Plaintiffs 1 and 2 claimed to be the respective owners in possession of the said two sites having purchased them under two registered sale deeds dated 9.12.1968 (Exs.A1 and A2) from Rukminibai. The plaintiffs further claimed that the said two sites were mutated in their names in the municipal records. They alleged that on 3.5.1978, when they were digging trenches in order to commence construction, the defendant interfered with the said work. The plaintiffs, therefore, filed suit OS No.279 of 1978 in the file of Principal District Munsiff, Warangal, for a permanent injunction to restrain the defendant from interfering with their possession.

3. Defendant resisted the suit. He claimed that suit property measuring 300 sq. yards in Premises No. 13/776 was purchased by him from K. V.

Damodar Rao (brother of plaintiffs' vendor Rukminibai) under registered sale deed dated 7.11.1977 (Ex.B1); that he was put in possession of the suit property by Damodar Rao; that the suit property had been transferred to his name in the ...

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