E VENKAT REDDY Vs. E YADGIR REDDY

JUDGEMENT

(1.) This revision petition has come to us on a reference made by our learned brother, Parthasarathi J. In his order of reference dated 6.7.1971.

(2.) The facts in brief are, that a suit was instituted by three brothers against their cousins. There was a partition, effected among the members of the family. The plaintiffs case was that the land bearing S.No.236 was divided into two portions and the defendants got one moiety and the father of the plaintiffs, the other half. The filed was sub-divided into two survey numbers. The plaintiffs father got a new S.No. 236/AA while the defendants got S.No. 236A. In 1965-66, the defendants were admitted into possession of the land as lessees. They defaulted in payment of rent. They also denied the title of the plaintiffs. The suit was, therefore, laid for recovery of the amount due under the lease, as also for recovery of arrears of rent and for possession.

(3.) The defence set up by the defendants was that in the partition which took place in Fasli 1352, one moiety of the land in S.No. 236 was allotted to them. There was subsequently an exchange, as a result of which the defendants surrendered their land in the field bearing S.No. 28 in exchange for a moiety in S.No. 236 allotted to the plaintiffs, as also some other land. The patwari, however, did not carry out the entries according to the exchange.