LANKA NIRMALA DEVI Vs. V RAMA DEVI

JUDGEMENT

(1.) The present appeals have been filed against the common judgment and decrees dated 4.9.1998 in O.S. Nos.28, 13 of 1996 and OS No.73 of 1997 on the file of the Senior Civil Judge, Mahaboobabad, Warangal District. The learned Senior Civil Judge dismissed OS.No.28 of 1996 and the suits in OS Nos.13 of 1996 and 73 of 1997 have been decreed for partition of the suit schedule property to an extent of Ac.5.05 guntas only comprised in Survey No.4 situate at Torrur Village into four equal shares and declared that each plaintiff is entitled to have l/4th share.

(2.) Questioning the said common judgment, the present appeals have been filed. The appellants in AS.No.2404 of 1998 are Defendants 3 and 4 in OS.No.73 of 1997 and the first respondent is the plaintiff and Respondents 2 to 6 are Defendants 1, 2 and 5 to 7. The appellant in AS.No.763 of 1999 is the plaintiff in OS.No.28 of 1996 and the respondents are defendants in the said suit; whereas AS.No.9 of 1999 has been filed by Defendants 5 and 6 in OS.No.28 of 1996 and the first respondent in AS.No.9 of 1996 is the plaintiff in OS.No.28 of 1996 and the appellant in AS.No.763 of 1999. Respondents 2 to 6 in AS.No.9 of 1999 are Defendants 1 to 4 and 7. However, the appellants in AS.No.9 of 1999 in the appeal stated that Respondents 2 to 5 are not necessary parties to the said AS. Likewise, appellants in AS.No.l of 1999 are the first and second defendants in OS.No.13 of 1996 and first respondent is the plaintiff and Respondents 2 and 3 are Defendants 3 and 4.

(3.) The brief facts that led to the filing of the suits are as follows: Facts in OS No.28 of 1996: The case of the plaintiff is that she is the sole owner and possessor of the plaint schedule land to an extent of Ac.7.06 guntas in Survey No.4 of Torrur Village as it was purchased by her on 23.5.1957 through an unregistered sale deed from late Lanka Rukkamma for valuable consideration and physical possession of the land was delivered to her by the vendor on the same day and since then she has been in continuous and uninterrupted possession and enjoyment over the said land as its owner and thus she perfected her title by adverse possession. She further stated that out of Ac.7.06 guntas of land, an extent of Ac.2.01 guntas was acquired by the Government for construction of RTC Bus Stand.