MADDISETTI VENKATA RATHNAMMA Vs. P RADHAKRISHNA MURTHY

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the Judgment of the learned Single Judge in A.S.NO.1729/83 dated 28-7-1992 reversing the judgment in O.S.No.190/72 on the file of Additional Subordinate Judge Guntur dated 23-6-1983.

(2.) The plaintiff in the suit and the respondent in the appeal is the appellant in the present Letters Patent Appeal and 2nd defendant-appellant is the 1st respondent and 1st defendant is the 2nd respondent and since the appellant died, in C.M.P.No.10274/96, appellants 2 to 6 were brought on record. For the purpose of convenience the parties are referred to as arrayed in the suit.

(3.) The plaintiff filed O.S.No.190/72 on the file of Additional Subordinate Judge, Guntur for partition of the plaint schedule properties into two equal shares and to allot one such share and a preliminary decree was passed on 14-2-1977 in respect of Item Nos.2 and 3 and the suit was dismissed as far as Item No.1 of the plaint schedule is concerned. The 2nd defendant in the suit is claiming exclusive right, title and possession over Item No.1 of the plaint schedule property. The petitioner carried the matter in appeal and the matter was remanded with a direction to decide the question whether the 2nd defendant had acquired title to Item No.1 of the plaint schedule property by adverse possession and after remand, the trial Court decreed the suit on 23-6-1983 regarding Item No. 1 of the plaint schedule holding that the 2nd defendant is in permissive possession and hence the plea of adverse possession is not sustainable. The 2nd defendant filed A.S.No.1729/83 and the learned Single Judge after considering the oral and documentary evidence allowed the appeal on 28-7-1992 and deleted Item No.1 from the preliminary decree and aggrieved by the same, the plaintiff filed the present Letters Patent Appeal.