ARNIPALLI SIVVUNAIDU Vs. GARBHAPU DASU

JUDGEMENT

(1.) Having regard to the nature of this matter, since question of application of Section 100 CPC did not arise in this second appeal, it is now being disposed of, upon hearing Sri M.R.K.Chakravarthy, learned counsel for the appellant.

(2.) The appellant as the plaintiff instituted O.S.No.92 of 1994 on the file of the court of the learned Principal Junior Civil Judge, Bobbili for declaration of his right, title and interest to the plaint schedule property and for consequential permanent injunction against the respondents. The main contention of the appellant was that he is the absolute owner of the plaint schedule property, which is an agricultural land of Ac.1-00 at Kagam Village, Therlam Mandal, Vizianagaram District in S.No.277/18, bearing Patta No.1083, within the boundaries mentioned in the plaint schedule and that it was his ancestral property. Alleging that he has been in continuous possession and enjoyment of this land and that it was tried to be disturbed highhandedly by the respondents 1 to 4, initially, he sought the relief of permanent injunction in this suit against them to restrain therefrom. Later on, he got amended the plaint requesting relief of declaration of right, title and interest to it. He also got impleaded respondent No.5 as a party to the suit.

(3.) The respondents 1 to 4 as well as the 5th respondent State raised a common defence to the effect that this land is a part of Ac.4-05 cents in S.No.277/18 in Patta No.1083 and that it was assigned to the 1st respondent, 3rd respondent and one Sri Yendava Ramayya, who is the brother of the 4th respondent, under D-Form patta where with the funds made available by the Government, they got sunk a well, which they have been in possession and enjoyment since then. They denied that this property ever belonged to the appellant nor it was a private patta land.