RATNALA BHEEMARAO Vs. SIVANGI PURUSHOTTAM

JUDGEMENT

(1.) This civil miscellaneous appeal is filed assailing the Judgment and decreer dated 28.10.2003 in A.S. No.79 of 1998 passed by the II Additional District and Sessions Judge (Fast Track Court), Srikakulam.

(2.) Appellants are plaintiffs in O.S. No.98 of 1990 on the file of Subordinate Judge, Sompeta. The suit was filed for the relief of declaration of title and perpetual injunction against the defendants therein.

(3.) The appellants pleaded that the land was held by Respondents 4 and 5 and that they transferred the same in their favour through sale deeds dated 23.7.1986, 29.11.1986 and 19.1.1987 marked as Exs.A2 to A4 respectively. According to them, notwithstanding the sale and delivery of possession under the sale deeds referred to above, the respondents started interfering with their possession. The suit was mainly contested by Respondents 1 to 3 herein (Defendants 1 to 3). According to them, one late Danayya, their ancestor, was the tenant in respect of the suit land and after his death, they continued as the tenants. They pleaded that even while their tenancy was subsisting, they purchased the lands through two registered sale deeds dated 15.9.1990, marked as Exs.B1 and B2. It was their specific case that they were in possession of the land as tenants before the sale took place and after they purchased the same under Exs.B1 and B2, their right of possession is coupled with ownership.