V SEETHA RAMA RAJU Vs. K VENKATA NARSAMMA

JUDGEMENT

(1.) The short point in this revision petition is, whether the order of the lower Court, by which the issues were recast is materially irregular. In order to perspective, the essential facts have to be stated.

(2.) O. S. No. 332 of 1966 on the file of the 1st Additional District Munsif, Kovvur was laid by the respondent on foot of her title; and the main relief sought is recovery of possession of a vacant site, which is part of R.S.No108 situate at the village of Kannapuram in West Godavari District. The plaintiff claims to be owner of an extent of Ac. 2-54 cents comprised in the filed bearing the above mentioned survey number. She was granting portions of the land to poor persons at their quest. The grants were being evidenced by the letters which the plaintiff was obtaining from the grantees. It is pleaded by her that at about 15 years ago, the defendant asked for permission to occupy portion of the land, of the extent of 6 cents. The defendant was accordingly allowed to occupy the site as a licensee. Some time later, the defendant craved for leave and lince to occupy a further extent of 15 cents, and this too was granted that the defendant put up a titled house, and execution was taken by her to the user of the lands for the purpose. A notice was issued by her through her advocate on 27-7-1965, to which the decent replied on 23-8-1965 setting out plea that three was a gift by he of the site in question in 1945. The suit for ejectment based on title allowed the defendants notice.

(3.) The defendants pleading by way of answer to the suit asserts that there was an oral gift by the plaintiff in his favour in 1945 and that he was in possession of the land since then in assertion of his own right. It is also urged that he perfected his title by long, continuos and adverse possession.