STATE OF A.P Vs. B. RANGA REDDY

JUDGEMENT

(1.) The preliminary objection raised by Sri Challa Sitaramaiah, learned Senior Counsel, representing Sri B. Rajendra and M. Narender Reddy, learned counsel for the respondents, is that the present appeal is not maintainable since the appellants herein i.e., State of Andhra Pradesh have not challenged the common findings in O.S. Nos.274 and 276 of 1983, but challenged only the findings in O.S. No.141 of 1984 and, therefore, this appeal is hit by the principle of Res judicata.

(2.) The brief facts of the case are as follows. One Ghulam Ahmed Khan filed O.S. No.274 of 1983 claiming title to an extent of Ac.6.08 guntas in Survey No.9/13, Khairatabad village, within the specified boundaries seeking declaration of title and for injunction. One Mohd. Osman filed O.S. No.276 of 1983 claiming title to an extent of Ac.3.00 guntas in Survey No.9/13 of Khairatabad village within the specified boundaries. One Ranga Reddy, Vijaya Reddy and 7 others filed O.S. No.141 of 1984 claiming title to an extent of Ac.19.23 guntas in Survey Nos.49 and 50 in Rasoolpura village, Hyderabad within the specified boundaries. In all these suits, the relief sought is declaration of title and injunction and certain other reliefs.

(3.) All these three suits were tried together; evidence was recorded in O.S. No.274 of 1983. The defendants Nos.5 to 9 i.e., State of Andhra Pradesh, represented by its District Collector, Hyderabad and other officials in O.S. No.274 of 1983 were arrayed as Defendants 3 to 7 in O.S. No.276 of 1983 and defendants 3, 4, 5, 9 and 10 in O.S. No.141 of 1984. The plaintiffs in O.S. Nos.274 and 276 of 1983 were arrayed as defendants 1 and 2 in O.S. No.141 of 1984. The plaintiffs 1 and 2 in O.S. No.141 of 1984 were arrayed as defendants 1 and 2 in O.S. No.274 of 1983. The first plaintiff in O.S. No.141 of 1984 was arrayed as defendant No.1 in O.S. No.276 of 1983.