BURRA ELLAIAH Vs. BURRA RAMAIAH

JUDGEMENT

(1.) In this second appeal the plaintiff in OS No. 764 of 1980 on the of the District Munsif, Karimnagar, challenges the reversing judgment in AS No. 35 of 1987 on the file of the District Judge, Karimnagar.

(2.) It is the case of the appellant herein that himself and the father of the respondents by name Venkaiah are brothers, he purchased the share of his brother-Venkaiah in Sy.Nos. 127, 195 and 196 admeasuring Ac.3.16 guntas, Ac.0.20 guntas and 0.18 guntas respectively under an unregistered document dated 18-5-1971. According to him, his brother-Venkaiah and the respondents herein executed that document. It is his further case that on the basis of the said document he was issued a pattedar passbook in respect of the said lands and thereby he has been enjoying the rights of owner to the exclusion of the defendants. It is asserted that he has been paying the land revenue for these lands. Complaining that the respondents have been interfering with his possession and enjoyment of the suit property, he filed the suit for permanent injunction simplicitor.

(3.) The respondents filed a written statement disputing the very factum of the sale by their father and themselves in favour of the appellant. They have asserted that the properties remained joint. It was also their plea that the so called document under which the sale took place was neither registered nor stamped and is inadmissible in evidence. The trial Court framed the relevant issues on the basis of the pleadings.