KATLA MUTHYAL NAIDU Vs. KOTHAPALLE VENKATAPPA NAIDU

JUDGEMENT

(1.) Leave granted.

(2.) The controversy in the present appeal lies within a narrow compass. The plaintiff filed a second appeal in terms of the Section 100 of the Code of Civil Procedure, 1908, (in short the 'Code') questioning the reversal of the judgment and decree in O.S. No, 243/1997 passed by a learned Principal Junior Civil Judge, Puttur, by learned Senior Civil Judge, Puttur in AS No. 25/2002. The second appeal was dismissed primarily on the ground that there was no plea of adverse possession anywhere in the plaint. It was noted that on examination of the plaint the only allegation made in the plaint was that the defendants are trying to disposes the plaintiff.

(3.) Learned Counsel for the appellant brought to our notice that the averments in the plaint at paras 2 and 4 which read as follows: