JACOB LAZARUS CHELLY Vs. DOKKA SAMUEL

JUDGEMENT

(1.) plaintiff-respondent in the second appeal, under Order 47, Rule 1 of the Code of Civil Procedure, from the judgment and decree dated 14th august, 1991, delivered by Sri Justice Murlidher Rao (now retired) in regular second appeal No. 90 of 1983, whereby, the Hon'ble single judge allowed the second appeal filed by the 1st defendant, who is opposite party in this review application and set aside the lower appellate court decree, decreeing the plaintiffs suit and restored the judgment and decree of the trial court dismissing the plaintiff-petitioner's suit for declaration of titie and possession.

(2.) the facts of the case in brief are that the plaintiff-respondent, i.e., applicant, filed against the defendant-appellant, i.e., the present opposite party suit for declaration of title that plaintiff is the owner of suit properties and for decree for possession of the property in suit and for a sum of Rs. 1,600/- as mesne profit (past) and for future mesne profits. The plaintiff alleged that the suit properties belonged to him and he had been the owner thereof, after having purchased suit properties under a registered sale deed dated 23rd september, 1969, and on the basis of his title acquired under the strength of the sale deed dated 23-9-1969, he did put the constructions. According to the plaintiffs case, the suit properties are plot nos. 183 and 184 in r.s. No. 62/b/2 bearing c.t.s. No. 162, keshavapur measuring with four tenements thereon. Plaintiff claimed to be the owner.

(3.) according to the plaint case, r.s. No. 62/b/2, in the aforesaid village was the agricultural land measuring 3 acres and that was. Purchased from its owner in 1959 in the name of plaintiff, g. Rajarao and ranga swami. This agricultural land was converted into non-agricultural user and was laid out into non-agricultural plots which were distributed and allotted among persons who had contributed in the purchase of land.