NASEEB KHATOON Vs. SYED ABDUL AZIZ

JUDGEMENT

(1.) This appeal is by the unsuccessful plaintiff, whose suit, O.S.No.1540 of 1996 for declaration and possession was dismissed by the trial Court under judgment and decree dated 17.02.2004.

(2.) Mr. V. Venkataramana, learned senior counsel for the appellant, has pointed out that the impugned judgment of the trial Court has proceeded to dismiss the suit merely on the plea of the respondents/defendants that they are in adverse possession, though there is no issue framed nor the defendants have established any ingredients of adverse possession.

(3.) Per contra, Mr. J. Kanakaiah, learned counsel for the respondents/defendants, submits that the plea of adverse possession is only an alternate plea and even ignoring the finding of the trial Court on that aspect, the suit was rightly dismissed on the ground that the plaintiff had failed to adduce any documentary evidence in support of her claim for title.