ARIGELA LAXMI Vs. BOODIREDDY CHANDRAIAH

JUDGEMENT

(1.) The appellants herein are the defendants in O.S.No.149 of 1995 on the file of the Principal Junior Civil Judge, Karimnagar. The respondents herein filed the suit for declaration of title and perpetual injunction claiming to be the owners and possessors of an extent of Ac. 1.15 gts, and Ac.1.14 gts. in Sy. Nos. 95/A and 95/B respectively of Bommakal village.

(2.) The case of the plaintiffs is that when they obtained certified copies of the Pahanis for obtaining a loan from the Co-operative Bank, they found that the Pahanis for the years 1980-81 to 1988-89,1991-92 and 1992-93 recorded the name of the 1st defendant as the possessor, while the Pahani for the years 1989- 90 the name of the 2nd defendant as the possessor. The plaintiffs approached the defendants to take steps to rectify the entries in the revenue records. The defendants refused and also denied the title of the plaintiffs. The defendants also came to the suit schedule property on 10-5-94 and tried to interfere with the petitioners' possession. Hence the suit.

(3.) The appellants herein resisted the suit contending that the father of the 2nd defendant purchased the land in Sy.No.95/A on 10-4-1954 by way of an unregistered sale deed from B. Hanmaiah father of the plaintiffs 2 and 3 and grandfather of the 1st plaintiff and the possession thereof was delivered to A. Mallaiah, father of the 2nd defendant. Similarly B. Narasimha Reddy father of the plaintiffs 4 to 6 sold the land in Sy.No. 95/B to the father of the 2nd defendant by an unregistered sale deed dt 15-5-64. The possession of this property was also delivered to A. Mallaiah by Narasimha Reddy. Eversince, the father of the 2nd defendant was in possession of the property.