P NAGARATHNAMMA Vs. DORASDORASWAMAIAH

JUDGEMENT

(1.) The plaintiff in OS No.357 of 1974 on the file of the Principal Junior Civil Judge, Puttur, is the appellant. During the pendency of the appeal, he died, and his legal representatives are brought on record. They feel aggrieved by the judgment rendered by the Court of Senior Civil Judge, Puttur, in AS No.44 of 1990. One Sri P. Ramakrishna Reddi filed the suit for the relief of injunction-simplicitor, in respect of Acs. 10.24 cents of land in Sy.No. 50 of Venkataperurnallarajupurarn Village, to restrain the respondents from trespassing into, or otherwise interfering with the possession of the suit schedule property. It was pleaded that the land was originally held by one Sri Kosuru Subbaraju and others, and that they sold the same to one, Guravaraju, and from him, he purchased it, through sale deed dated 16.11.1966, for a consideration of Rs. 2,000/-. It was pleaded that the respondents are interfering with his possession without any basis and right.

(2.) On behalf of the respondents, written-statements were filed. According to them, neither Subba Raju, nor Guravaraju have any title over the land and the so-called sale deeds were fabricated. They stated that the land was owned by Yalapalle Peddachengaiah and Chintaparthi Venkatapathi, constituting a compound family, with each branch having half share, and that Venkatapathy sold his share in favour of Devaragudi Subramanyapillai, through sale deed dated 27.5.1932. They have furnished the particulars of the manner in which the rights are said to have accrued to them, vis-a-vis the land, ever since then.

(3.) The trial Court decreed the suit through judgment dated 8.10.1984. Aggrieved thereby, the respondents filed AS No. 44 of 1990. The appeal was allowed, initially on 22.9.1993, and aggrieved thereby, the original plaintiff filed SA No. 562 of 2003. The respondents, on the other hand, filed cross-objections. This Court allowed the appeal and cross-objections, through order dated 27.2.2004, remanding the matter to the lower appellate Court. After, remand, the lower appellate Court allowed AS No. 44 of 1990 in its entirety, through judgment dated 17.8.2010. Hence, this second appeal.