NIRMALA POTHANNA Vs. LAXMI BAI

JUDGEMENT

(1.) Plaintiffs are the appellants in this appeal. The appellants filed a suit bearing O.S. No.492/73 in the court of the District Munsif, Nirmal against the respondents for a declaration of title and recovery of possession of the suit land bearing Survey No. 49 New corresponding Old Survey No. 368-to the extent of Acs. 0-33 guntas situate in Gajulpet village. The appellants averred in the plaint that they were the owners and pattadars of Acs. O.33 guntas of land in S.No. 49 in the village Gajulpet and they were in possession and enjoyment of the same fill the year 1973, it was claimed that the respondents dispossessed the appellants in March, 1973 of the above said land and raised sugarcane crop in part of the suit land. It was contended that the respondents owned and were in occupation of some lands adjoining the suit land belonging to the appellants and slowly they encroached upon the appellants' land and dispossessed them. It was further contended that the appellants called upon the respondents to vacate the land. But they did not respond. The appellants further claimed Rs.300/- per annum towards mesne profits from the respondents.

(2.) The respondents resisted the suit filed by the appellants. They denied the allegations made by the appellants in the plaint. The respondents contended that the appellants were not the owners of Acs. 0.33 guntas of land in Survey No. 49 and they were also not in possession of the said land at any time. The respondents further stated that they did not encroach upon the land in S.No. 49 At the same time the respondents did not claim that they were either the owners or had the right to occupy Survey No. 49. Their claim in brief was that while they were not in occupation of any portion of Acs. O.33 guntas of land in S.No. 49 the appellants themselves were not the owners of Ac. 0. 33 guntas of and in S. No. 49 nor were they in possession of the said land and therefore, they were not entitle to ask for a declaration of their title to the suit land and me restoration of possession to themselves.

(3.) The trial Court framed the necessary issues. After examination of the matters in dispute the trial Court eventually held that the appellants were the owners and pattadars of the suit land in New Survey No 49 corresponding to old survey No. 368 situate in Gajulpet. that they were in possession of the same till 1973, that they were dispossessed of the said land by the respondents and the appellants were, therefore, entitled to recover possession of the suit land from the respondent. The trial Court accordingly decreed the suit in favour of the appellants.