ASHOK Vs. BABA RAO

JUDGEMENT

(1.) This is an appeal by the 1st defendant in O.S.No. 3 of 1985 on the file of the Court of the Additional District Judge, Adilabad. For the sake of convenience, I would refer to the parties as they are arrayed in the trial Court.

(2.) Plaintiff filed the suit for recovery of possession of 15 acres 7 guntas of land in S.No. 83 of Pipri village, Utnoor Taluq, hereinafter called the 'suit land' from the defendants alleging that the suit property, which was allotted to his share during the partition between him and his brother, was being cultivated by him through coolies and that the 2nd defendant, who is the father of the 1st defendant who used to cultivate the suit land as a cooli had put the 1st defendant in possession thereof. After coming to know about the said fact, he demanded the 1st defendant to vacate the suit land and deliver the possession thereof to him, but the 1st defendant refused to do so and hence the suit.

(3.) 1st defendant filed his written statement contending that in the partition that was effected between the plaintiff and his brothers Govind Rao and another, the suit land was allotted to the share of Govind Rao and that Govind Rao in exchange of the suit land, took land in S.No. 46 and 51 measuring 6 acres 11 guntas and 8 acres 12 guntas respectively of Devapur village from the 2nd defendant and during the partition between him and his father, the suit land was allotted to his share ad so plaintiff is not entitled to recover possession of the suit land from him.