THOTA KAMESWARA RAO Vs. THOTA RAMGOPAL

JUDGEMENT

(1.) The defendant in O.S.No.78 of 1979 on the file of the Subordinate Judge, Machilipatnam, filed this Letters Patent Appeal. The sole respondent herein was the only plaintiff in the suit. The suit was filed for the relief of declaration of title, recovery of possession in respect of two items of suit schedule property and for mesne profits. The trial Court decreed the suit, as prayed for, through its judgment and decree dated 15-04-1987. Aggrieved by that, the appellant herein filed A.S.No.317 of 1988 before this Court.

(2.) The plea of the respondent herein in his suit was that Smt. Thota Venkata Bharatamma owned both the bits in item '1' and her husband, Venkata Subbayya owned item 2, of the suit schedule properties. It was stated that Venkata Subbayya executed a Will, dated 18-01-1963 (Ex.A-28) in favour of his wife Bharatamma in respect of item 2, and on his death, Bharatamma became the absolute owner of that item also. Bharatamma is said to have executed a Will, in favour of her brother, Sri N. Satyanarayana, and after the death of Bharatamma, on 14-05-1967, Satyanarayana became the absolute owner of that property. It was also pleaded that item 1 of the suit schedule property, agricultural lands, were under lease to Sri K. Kumara Swamy and the tenancy was attorned to the legatee, Satyanarayana. According to the respondent, he purchased items 1 and 2 of the suit schedule properties from the legal heirs of Satyanarayana.

(3.) It was pleaded that the appellant is the adopted son of Venkata Subbayya and Bharatamma and taking advantage of that relation, the natural father of the respondent, had started interfering with the possession of the suit schedule properties. Initially the suit was filed, for the relief of declaration and injunction, and thereafter alternative relief i.e. recovery of possession was added.