AMBENM NADPI SAILOO Vs. PREMLATHA MATHI

JUDGEMENT

(1.) This appeal against order is filed by the plaintiffs in O.S. No.96 of 2003 on the file of the Senior Civil Judge, at Nizamabad, aggrieved by the order dated 4-12-2003, passed in LA. No.442 of 2003, in that suit.

(2.) The suit was filed for the relief of declaration of title and consequential injunction, in respect of Ac.1.30 guntas of land in Sy.No.2457 of Arsapally Revenue Village, Nizambad District. The claim of the appellants is based on adverse possession. They also filed I.A. No.442 of 2003, under Order 39, Rule 1 C.P.C., for grant of temporary injunction. Through the order under appeal, the Trial Court dismissed the I.A.

(3.) The appellants contend that late Ambam Yellappa, the father of Appellants 1 and 2, was the tenant in respect of Ac. 17.10 guntas of land, owned by the family of Vishwanath Tulla, in various survey numbers, including Sy.No.2457. It is their case that late Yellappa filed an application under Section 32 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, (for short "the Tenancy Act") before the Tahsildar, Nizamabad, for necessary protection to his possession. The application is said to have been dismissed by the Tahsildar through his order dated 12-6-1981. Thereafter, Viswanath Tulla filed O.S. No.22 of 1991 for possession of lands in all the survey numbers, except the one in Sy.No.2457. Consequent on the decree passed in that suit becoming final, the possession of the lands in other survey numbers was recovered. It is their case that the land in the said survey number continued to be in possession of Ambem Yellappa, and after his death the appellants herein. In support of their claim, appellants filed the extracts of revenue records, in particular, the pahanis.