CHATTI KONATI RAO Vs. PALLE VENKATA SUBBA RAO

JUDGEMENT

(1.) Plaintiff No. 1 is the son of Plaintiff No. 2, whereas original Defendant Nos. 1 and 2 were brother and sister of the second Plaintiff. Both the Defendants died during the pendency of the suit. The heirs and legal representatives of the first Defendant were substituted in his place and they had contested the suit.

(2.) Plaintiff filed the suit for recovery of possession in respect of several properties mentioned in schedule of the plaint and in the present appeal we are concerned with Schedule - I property i.e. four acres of land pertaining to R.S. No. 44/3 situate at village Vijjeswaram, hereinafter referred to as the land in dispute.

(3.) According to the Plaintiffs their predecessor-in-interest viz., one Venkata Ramana Rao, who happened to be the father of Plaintiff No. 1 and husband of Plaintiff No. 2, was the owner of land in dispute. Venkata Ramana Rao was a Government employee and in his absence Defendant No. 1 i.e. elder brother of second Plaintiff used to look after his property. Said Venkata Ramana Rao died in the year 1948 and thereafter the Plaintiffs came back to the village and started looking after the agricultural land including the land in dispute. Plaintiffs case further is that again in the year 1954 they shifted their residence to Kakinada for education of the first Plaintiff and Defendant No. 1 was asked to look after the land in dispute. In the year 1974 when the Defendant declined to deliver possession of the land in dispute, lawyers notice dated 6th April, 1974 was issued calling upon the Defendants to hand over the property. Defendant No. 1 responded to the notice by his letter dated 27th May, 1974 denying the title of the Plaintiffs and claiming himself to be the owner of the property. Plaintiffs thereafter filed the suit bearing O.S. No. 20 of 1974 in the Court of the Subordinate Judge, West Godavari District, Kovvur for recovery of possession in respect of land in dispute and for mesne profit.