ALUR VANAJA KUMARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Appellant filed O.S. No. 47 of 1992 in the Court of the Senior Civil Judge, Adoni against the Respondents for the relief of declaration of title and recovery of possession of a plot of 194 square yards. The facts pleaded by her were that she purchased a plot of 964 square yards from Sri Krishna Devaraya Cooperative Building Society way back in the year 1958 and constructed a house thereon. The neighbouring plot of 194 square yards on the western side is said to have been purchased by her in the subsequent year on payment of Rs. 2007- covered by Ex.A4. It is stated that in the year 1965, her property in the plot of 964 square yards was brought to sale in the course of execution of a decree and that Respondent No. 3 purchased it. Her grievance was that though Respondent No. 3 purchased only the original plot of 964 square yards, it has highhandedly encroached the neighbouring plot of 194 squads without any basis.

(2.) The suit was mainly contested by Respondent No. 3. It was pleaded that the entire property held by the Appellant was put to auction and the suit schedule property was also part of it. In the alternative, it was pleaded that the Appellant has no right vis-?-vis the suit schedule property and that they have perfected their title by adverse possession.

(3.) The trial Court dismissed the suit through judgment, dated 24.07.2000. Aggrieved thereby, the Appellant filed A.S. No. 7 of 2005 in the Court of the II Additional District Judge, Kurnool at Adoni. The appeal was dismissed on 23.01.2009. Hence, this second appeal.