CHANNA NARASIMHAIAH AND ORS. Vs. THIMMAIAH AND ORS.

JUDGEMENT

(1.) THIS is a defendant's regular first appeal against the judgment and decree passed by the Trial Court decreeing the suit of the plaintiff for declaration of his title to the plaint schedule property and directing the legal representatives of defendant No. 3 to demolish the unauthorized illegal constructions made on the schedule property during the pendency of the suit and to deliver possession to the plaintiff and granting other consequential reliefs.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE 3rd defendant preferred a writ petition in W.P. No. 13233/1993 before this Court challenging the said order of eviction. In the said writ petition, after hearing the parties, it was made clear that whatever the property, which fell to the share of Smt. Byla Yellamma under the partition has been sold and not the property which fell to the share of Smt. Kombamma. This Court further held that after the order of re -grant, the Government ceased to be the owner of the property and therefore, the provisions of the Act is not attracted to the said land. If the 3rd defendant is in possession of the property, he would be construed as an unauthorized occupant or that he is in unauthorized possession. With those observations, the said writ petition came to be dismissed by an order dated 13.01.1994. The 3rd defendant preferred a writ appeal in W.A. No. 393/1994 against the said order. That writ appeal came to be allowed on 28th February, 1997 by holding that it is for the title holder to seek appropriate remedies before the Civil Court to get possession of the land which he is entitled to.