VADLA HUSSAIN MIAH Vs. VADLA PULA RANGAIAH

JUDGEMENT

(1.) THESE two appeals arise out of the common judgment, dated 26.07.1999, rendered by the Court of the Senior Civil Judge, Atmakur in O.P. No. 51 of 1991 and O.S. No. 20 of 1995. The appellant figured as claimant No. 4 in the O.P. and defendant No. 1 in the suit. However, the array of the parties in the appeals is identical. The suit was filed by respondent Nos. 1 to 10 (for short 'the respondents') against the appellant and three others for the relief of perpetual injunction in respect of two items of land, namely Acs.21.18 cents in Survey No. 270 and Acs.8.32 cents in Survey No. 218/A of Gunthakandla Village, Kurnool District. Acs.2.00 thereof was notified by the Government for the purpose of an irrigation project. They pleaded that the land was originally held by their ancestor, Vadla Seshadri, and through series of succession, it has devolved upon them in bits. They further pleaded that the appellant has no manner of right over the suit schedule property and started making attempts to encroach upon it as well as to lay claim for compensation for the acquired land.

(2.) THE appellant filed a written statement opposing the suit. He disputed the very ownership of the respondents vis -à -vis the suit land. Even according to him, the land was held by Seshadri, as inam of Carpenters and since the father of the appellant was also a Carpenter, it has accrued to him and thereafter, to himself. After the appellant filed the written statement, the respondents filed a petition to amend the plaint and the relief of declaration of title was also claimed. The appellant filed additional written statement.

(3.) THROUGH a common judgment, 26.07.1999, the trial Court decreed the suit and passed a decree in O.P. No. 51 of 1991 holding that the respondents are entitled to receive the compensation for the acquired land.