K VENKAT REDDY Vs. KUNUTHURU AKKAMMA

JUDGEMENT

(1.) The defendant is the appellant, and the appeal is directed against the order of the Additional District Judge, Anantapur in A.S.No.75 of 1988, dated 3-11-1995 under which the judgment and decree passed by the Principal Subordinate Judge, Anantapur in O.S.No.141 of 1978, dated 29-2-1988 was confirmed.

(2.) In the second appeal the following substantial questions are raised for consideration of this Court :

(3.) The respondent/plaintiff filed the above suit for declaration of title and for permanent injunction restraining the defendant and his men from interfering with her possession and enjoyment of the suit schedule properties. As per the plaint averments, the plaintiff's husband-Pedda Venkata Reddy and Sadasiva Reddy are brothers and are sons of one Chinna Venkata Reddy, and they were divided. Sadasiva Reddy executed a relinquishment deed - Ex.A.1, dated 25-7-1939 relinquishing his interest in the joint family properties after receiving a sum of Rs.200/- as consideration and left the village Guttakindipalli and settled down at Ravulacheruvu. The said Sadasiva Reddy died about 14 years back leaving behind his son the defendant. The plaintiff's husband and the defendant gave separate declarations under the provisions of the A.P. Land Reforms Act. The defendant has shown in his declaration only the land of Ravulacheruvu and not the suit schedule properties; whereas the plaintiff's husband has shown the suit schedule properties in his declaration. It was stated that the plaintiff's husband was in exclusive possession and enjoyment of the suit schedule properties from the date of relinquishment deed and on his death in 1976, the plaintiff became entitled to the suit schedule properties as successor and has been in possession and enjoyment of the same by paying land revenue. The defendant is a powerful and influential person and trying to interfere with peaceful possession of the plaintiff over the suit schedule properties.