NELAPATLA RAMAIAH Vs. KAMATAM BIKSHAMAIAH

JUDGEMENT

(1.) This SLP is directed against the judgment and order dated 20th September, 2005, passed by the Andhra Pradesh High Court in Second Appeal No. 648/2004, allowing the same and setting aside the judgment and decree dated 29.3.2004, passed by the 2nd Additional District Judge (Fast Track Court-I), Khammam in A.S. No. 17/2002. By its judgment, the First Appellate Court had reversed the judgment and decree dated 21.8.1999 passed by the Senior Civil Judge, Kothagudam, being O.S. No. 54 of 1991, dismissing the suit.

(2.) Initially, the suit was filed for injunction simpliciter before the learned District Munsif, Yallandu. Subsequently, the plaint was amended to include the relief for declaration of title and delivery of possession of the plaint schedule property. During the pendency of the suit the first plaintiff died and his legal representatives were brought on record as the plaintiff Nos. 2 to 9. Subsequently, the plaintiff No. 9 also expired.

(3.) The case made out in the plaint by the plaintiff was that he was the owner and possessor of the suit scheduled lands and the defendants had no right, title and interest therein, nor did they have any right to demand that they be allowed to cultivate the land on a crop-sharing basis. The dispute which had arisen regarding the cultivation of lands in question resulted in the filing of the suit.