SYED RAFIUDDIN Vs. S. ASADUDDIN

JUDGEMENT

(1.) THIS second Appeal arises out of OS. No. 13 of 1969 on the file of the Court of the District Munsif. Yellareddy. The suit was instituted by the appellant for declaration of his title to a plot of land measuring Ac. 0 -27 guntas situate at Turkapally village of Banswada Taluk and for possession of the same. The case of the appellant plaintiff is that he is the owner and pattadar of the suit land and that the defendants trespassed upon the same in the year 1964 -65.

(2.) THE first defendant is the son of the second defendant. The suit was resisted by them contending inter alia that the suit land was purchased by the first defendant represented by the second defendant as his guardian under Ex. B -1 an unregistered sale deed dt. 15 -6 -64 for a consideration of Rs. 1,200/ - that in pursuance of the same the first defendant was put in possession of the suit land and that by reason of Section 53 -A of Transfer of Property Act the first defendant was entitled to defend and protect his possession.

(3.) THE only question mooted be -fore us by Sri K.V. Ramana Rao learned counsel appearing for the plaintiff is that the transaction covered by Ex. B -1 being invalid, possession of the suit land obtained by the first defendant pursuant there to is also invalid and that consequently the first defendant cannot invoke in aid the provisions of section 53 -A of the Transfer of Property Act.