K RAJESHWAR REDDY Vs. N LAXMIKANTAM

JUDGEMENT

(1.) In this appeal the defendant in O.S.No.125 of 1981 on the file of the Subordinate Judge at Karimnagar assails the judgment and'decree therein. The parties are referred to as arrayed in the suit.

(2.) The plaintiffs filed the suit for the relief of declaration of title and perpetual injunction in respect of the suit schedule property. All the plaintiffs claim to have purchased different extents of plots in S.No. 277/2 of Choppadandi village through sale deeds dated 11-11-1976, 22-11-1976 and 14-2-1977 in Exs. A-2 to A-4. According to them the 1st defendant was the original owner of the said land admeasuring Ac. 1.01 gunta. In the year 1956 the 1st defendant exchanged the same with one Mr. Bujidi Muttam Bhadraiah for the land is S.No. 22 and Bhadraiah in turn sold the same to one Mr. Chintala Yellaiah under an unregistered sale deed dated 16-5-1957 (Ex.A-5). Ever since the date of purchase under Ex.A-5, Chintala Yellaiah was in possession and enjoyment of the same. Yellaiah and his son Mallaiah have sold the two plots in favour of the plaintiffs as well as the defendant No.3 in the year 1976 and 1977. The defendants 1 and 4 to 7 have been trying to interfere with the possession of the plaintiffs over the plots purchased by them. Hence they approached the court seeking relief of declaration of title on the basis of the document in Ex. A-5 as well as the adverse possession enjoyed by the predecessor-in- title.

(3.) The defendants filed written statement disputing the very factum of exchange and the subsequent sale. According to them the land in S.No. 277/2 was always held, enjoyed and possessed by the 1st defendant. Thereafter he sold plots therein in favour of other defendants and neither the plaintiffs nor their predecessor have the title or possession over the same. On the basis of the pleadings the trial court framed the following issues: