DUGGANDLA RAMI REDDY Vs. TIRUMAL TIRUPATHI

JUDGEMENT

(1.) APPELLANT , Duggandla Rami Reddy, represented by his power of attorney holder Duggandla Mohan Reddy, is the plaintiff in OS No.42 of 1997 on the file of the Court of the Additional Senior Civil Judge, Tirupati (trial Court). He brought that suit for declaration of his title to the suit land and for recovery of possession of the same from the defendants. The trial Court, after contest, dismissed that suit by its judgment and decree dated 3rd October 2001. Aggrieved by the same, he filed this appeal.

(2.) THE first defendant is Sri Tirumala Tirupati Devasthanam (TTD) and the second defendant is the Tirupati Municipality. The suit land is Acs.3-00 consisting of Ac. 1-88 cents described in plaint 'A' schedule and Ac. 1-12 cents described in plaint 'B' schedule with survey numbers in Tirupati Urban Mandal-Tirupati Town. To appreciate points in this first appeal, the respective cases of the parties and their contentions should be noted. Henceforth, for convenience, they are referred to as they are arrayed in the suit.

(3.) THE grievance of the plaintiff is that subsequently it turned out that the first defendant occupied plaint 'A' schedule land of Ac.1-88 cents on 4th December 1996 and the second defendant occupied plaint 'B' schedule land of Ac. 1-12 cents without any manner of right and did not handover possession of the same to him despite repeated requests and a notice and therefore he had been constrained to bring the suit.