MANDADI SAMMI REDDY Vs. BOKKALA RAVINDER REDDY

JUDGEMENT

(1.) The appellant filed O.S. No. 19 of 2000 in the Court of Junior Civil Judge, Huzurabad against the respondents for the relief of perpetual injunction in respect of the suit schedule property viz., an extent of 21 guntas in Survey No. 124/A,B,C of Thummanapally Village. He filed I.A. No. 221 of 2000 under Order 39 Rules 1 and 2 C.P.C. The I.A. was dismissed by recording a finding to the effect that the appellant is not in possession of the property. Therefore, he amended the plaint to incorporate the relief of recovery of possession by obtaining permission from the Court. The appellant pleaded the manner in which he acquired rights and title over the property. He pleaded that the 1st respondent, who is the immediate neighbour, encroached into the property and respondents 2 to 5 have purchased small bits out of the said land.

(2.) The suit was contested by the 1st respondent. He pleaded that he is the owner of about Ac.5.37 guntas of land in Survey No. 124/D and that the suit schedule property is part of it. The trial Court dismissed the suit, through judgment, dated 19.01.2005. Thereupon, the appellant filed A.S.No. 1 of 2005 in the Court of Senior Civil Judge, Huzurabad and the same was dismissed on 07.01.2006. Hence, this second appeal.

(3.) Sri M.S. Ramachandra Rao, learned counsel for the appellant submits that all the three grounds, on which the trial Court and the lower appellate Court dismissed the suit and the appeal, are untenable in law. He contends that the view taken by the Courts below that the suit for recovery of possession without there being any prayer to declaration of title is not maintainable cannot be sustained in law. He further submits that though the 1st respondent did not raise the plea of adverse possession, the suit was dismissed as barred by limitation. Learned counsel further submits that the appellant was not at all under obligation to pray for cancellation of documents, through which the suit schedule property is said to have been transferred. In support of each of his contentions, the learned counsel has placed reliance upon precedents.