GUDURU MALLA REDDY Vs. MORE BALAIAH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the Subordinate Judge, Bhongir in A.S.No. 2 of 1988 dated 8-10-1990 preferred against the judgment and decree in O.S.No. 68 of 1982 of the District Munsif Court, Ramannapet dated 30-9-1986.

(2.) The appellants are the defendants and the respondents are the plaintiffs in the suit The plaintiffs filed the suit for declaration of title over the suit property of Ac. 18-00 comprising Ac. 11-00 in S.No. 251 and Ac. 7-00 in S.No. 252 of the suit village and for recovery of possession of the same from the defendants with future profits. The averments of the plaint are briefly as follows:

(3.) The 2nd plaintiff is the mother of the 1st plaintiff. The father of the 1st plaintiff Mora Narsaiah died about 10 years prior to the suit leaving the plaintiffs as his legal heirs. Later Narsaiah was the owner and pattedar of the suit lands. Later Guduru Mutyam Reddy, who was the father of defendants 1 and 2 and brother of defendants 3 to 5, used to live in an undivided Hindu mitakshara joint family. The father of defendants 1 and 2 and defendants 3 to 5 forcibly occupied the suit lands by taking advantage of the weak position of the plaintiffs and they could not resist the illegal occupation of the suit lands by the defendants. The defendants are having lands adjacent to the suit lands. They occupied the suit lands under the pretext that the suit land is part and parcel of their patta lands. Hence the suit.