SADASIVUNI MANMADESWARA RAO Vs. PATNANA LAKSHMAN RAO

JUDGEMENT

(1.) Defendant No. 1 in O.S. No. 113 of 1993 on the file of the Principal Junior Civil Judge, Srikakulam is the appellant. Initially, the suit was filed by respondent No. 1 for the relief of perpetual injunction against the appellant and respondent No. 3 in respect of item Nos.1 and 2 of the suit schedule property, admeasuring Ac.0.26 cents and Ac.0.4 cents respectively. During the pendency of the suit, respondent No. 1 alienated the suit schedule property in favour of respondent No. 2. Therefore, respondent No. 2 got himself impleaded in the suit as plaintiff No. 2. The plea of respondent No. 1 was that the suit schedule property was held by his father late Chandrasekhara Rao and on his death, it devolved upon him. He stated that on account of his employment, he was far away from his native place and taking advantage of the same, the appellant and respondent No. 3 tried to encroach into the property.

(2.) Defendant No. 2 i.e. respondent No. 2 herein remained ex parte. The suit was contested by the appellant. He pleaded that in a family partition among respondent No. 1 and his three other brothers, by names Ramana Murthy, Appala Narayana and Gopala Rao, the suit schedule property has fallen to the share of Ramana Murthy and that he in turn, through his G.P.A., sold the property to the appellant under two sale deeds executed on 26.07.1993. It was pleaded that ever since the purchase, the appellant is in possession of the property and that pattadar pass books and title deeds were also issued to him by the competent authority.

(3.) The trial Court dismissed the suit through judgment, dated 24.08.1999. Respondent Nos.1 and 2 filed A.S. No. 14 of 2003 in the Court of the Additional Senior Civil Judge, Srikakulam. The appeal was allowed on 27.10.2003. Hence, this second appeal.