KALAKATA RANGA REDDY Vs. MORAMREDDI VENKATRAMI REDDY

JUDGEMENT

(1.) The appellants' father, Kalakata Krishna Reddy, instituted a suit for declaration of his title with respect to survey No. 28/4, with an extent of 0-65 cents, in Nanjampet Village, and for recovery of possession of the same. He died pending the suit, and the present appellants are his legal representatives.

(2.) The plaintiffs' case is that the zamindar of Punganur granted a patta to their predecessor-in interest, 25 years ago, with respect to the suit land and that, after the abolition of estates, the District Collector, too granted a ryotwari patta to them under the proviso to Section 11 of the Estates Abolition Act. While they were in peaceful possession of the same, the defendants dispossessed them, denying their title. The defendants, in their written statement, disputed the plaintiffs' claim. They stated that the patta was granted to the 1st plaintiff by the Zamindar not with respect to the suit land, but with respect to another land and that, by fraudulent misrepresentation, the plaintiffs got the petta with respect to the suit land, from the District Collector, under section 11. proviso. They submitted that the patta does not confer any title upon the plaintiffs, nor does it affect the pre-existing title of the defendants They stated that their father had purchased two plots in Paimaesh No. 9 under a sale Heed dated 6 7 1933; that, another small extent was sold by the plaintiffs' father to the defendants and that, the defendants have thus acquired title to, and have been in possession of ihe suit lerd for long

(3.) Both the courts below have negatived the plaintiff's claim, and dismissed the suit Both the Courts have found that the suit land was purchased by the defendants as alleged by them and that the patta granted to ihe plaintiffs' father by the Zamindar was in respect of anothar land. Accordingly they refused to grant the reliefs sought for by the plaintiffs