K G KRISHNAMURTHY Vs. BALAPPA

JUDGEMENT

(1.) The second defendant is the appellant herein. The trial Court dismissed the suit but on appeal it was decreed. Thus this appeal by the second defendant against reversing appellate decree.

(2.) The facts are as follows: The respondents laid the suit for declaration of their title to and possession of 16 guntas of land in Servey No.37 and 1 acre 23 guntas of land in Survey No.40 situated in Anantharam Village, Tandur taluk, Ranga Reddy district.

(3.) It is their case that they are the successors of Pedds Sayanna One Ashanna had two sons by name Ellanna and Pedda Sayanna. Plaintiffs are the heirs of Pedda Sayyanna. Pedda Sayanna had no sons. He had a daughter by name Ellamma. She was married to one Chinna Sayanna Ram anna, Chinna Sayanna became illatom, son-in-law to Pedda Sayanna. Chinna Sayanna had two sons by name Papaiah and Ananthaiah. Plaintiff No.3 is that Ananthaiah. He died pending suit leaving plaintiff No.l his son, and plaintiff No.2 his wife, as his successors. Initially the plaint schedule property formed part of Survey No.206. After survey, it was demarcated into Survey Nos.36,37,38 and 40. They are the Neerati Inam lands. It is their case that it is the joint property of Ellanna and Pedda Sayanna and that therefore they are entitled to half share in the entire Survey No.206 and that Survey No.37 and Survey No.40 are in their possession and enjoyment. While they were continuing in possession and enjoyment thereof, they were wrongfully dispossessed from the lands in the year 1965, thus necessitating them to file the suit for the relief referred to above.