AIROnline 2013 AP 138 ::(2014) 3 CurCC 595 ::(2013) 4 AndhLD 23

Andhra Pradesh High Court

Hon'ble Judge(s): Samudrala Govindarajulu , J

Specific Relief Act (47 of 1963) , S.34, S.38— Evidence Act (1 of 1872) , S.92(4)— Suit for declaration and injunction - Rejection of - In absence of regular registered conveyance for site of 48 feet X 27 feet equivalent to 36 ankanams in favour of defendant, defendant did not get any legal title to any portion of suit site of Ac.0.07 1/2 cents - Defendant cannot be permitted to lead parol evidence contradicting contents of sale deed, in view of S.92(4) of Evidence Act - Plaintiffs rushed to trial Court when defendants were trying to lay foundations overnight in plaintiffs' property of suit site of Ac.0-07 1/2 cents prior to filing of suit - Suit filed by plaintiffs well within time - Rejection of suit, liable to be set aside (Para 15)