BOYA PIKKILI PEDDA VENKATASWAMY Vs. BOYA RAMAKRISHNUDU

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Section 151 C.P.C. aggrieved by order dated 31-01-2012 passed I.A.No.11 of 2011 in A.S.No.1 of 2011 on the file of the Court of Senior Civil Judge, Nandikotkur (I.A) which was filed against judgment and decree dated 01-12-2010 passed in O.S.No.184 of 2005 on the file of the Court of Junior Civil Judge, Nandikotkur (O.S).

(2.) THE petitioner herein is also the petitioner in the I.A. and first plaintiff in the O.S. whereas the respondent herein is also the respondent in the I.A. and defendant in the O.S. For convenience sake, I refer the parties as arrayed in the O.S.

(3.) THE defendant filed written statement denying the allegations made in the plaint. It s stated that the surname of the plaintiffs 1 and 2 is 'Valiche ' but not 'Pikkili ' as stated in the plaint whereas the surname of the defendant is 'Pikkili ' which is omitted in the plaint purposely. Chinna Ramanna did not execute any gift deed in favour of the plaintiffs keeping life interest over his wife Boya Yellamma on 12-02-1962. It is claimed that the Tahsildar, Nandikotkur issued assignment patta in favour of him (the defendant) on 06-03-1984 and since then he has been in possession and enjoyment of the suit schedule land.