RAGHAVENDRA RAO Vs. N VEERAVENKATRAO

JUDGEMENT

(1.) THE appellants were the plaintiffs and respondents were defendants in the Trial Court. For the sake of convenience, the rank of the parties are referred to as in the Trial Court.

(2.) THE 7th defendant was impleaded in the suit and the cause title was amended. After service of notice, he filed written statement but thereafter remained ex parte before the Trial Court. However, while issuing the certified copy, the 7th defendant has been omitted in the cause title. Hence, he was not made a party before the first Appellate court as well as in this second appeal. Since he was a party in the suit and had been duly served, the result of this appeal shall bind upon him.

(3.) THE plaintiffs filed the suit in O. S. No. 74 of 1990 against the defendants for possession of 19 acres 4 guntas of land in Sy. No. 216 of rampur Village in Raichur Taluk, which is the suit schedule property. Rangamma, the mother of 7th defendant was the Inamdar of the said land. After her death, the 7th defendant succeeded to the property. Occupancy rights was granted in his name under Certain Inams Abolition Act, 1977 on 30-12-1981. Bhimsen Rao, the father of the plaintiffs purchased the suit schedule property from the 7th defendant under a registered sale deed dated 28-1-1982. After his death, the plaintiffs discontinued possession of the suit schedule property. However, defendants 1 to 6 came into possession of the same. Hence, the plaintiffs filed the suit. The suit was resisted by the defendants by filing written statement denying title of plaintiffs to the suit land. A plea was taken that the sale deed in favour of father of the plaintiffs was a forged document. Another plea taken was that the vendor had no title. It is the case of the defendants that the suit schedule property is a joint family property and in the partition that took place in the year 1980 the suit property fell to the share of defendants 5 and 6 and they sold the same in favour of defendants 1 to 4.