CHINTHA SEETHAPATHI RAO Vs. CHINTHA SURYANARAY

JUDGEMENT

(1.) THIS second appeal is filed by the legal representatives of the sole plaintiff in O. S. No. 81 of 1995 on the file of the learned Junior Civil judge's Court, Siddipet. For the sake of convenience, the parties are referred to, as arrayed in the suit. The suit was filed for the relief of declaration of title and for perpetual injunction in respect of the suit schedule property against the defendant. Declaratory relief was also claimed, in relation to the proceedings of the Mandal Revenue Officer, validating the sale in respect of the suit schedule property in favour of the respondent.

(2.) THE plaintiff and the defendant are the brothers. It was pleaded that plaintiff entered into an agreement of sale in respect of the suit schedule property admeasuring 22 guntas with one R. Balaiah on 1912-1980 (marked as Ex. A-6) and that ever since then, he was in possession and enjoyment of the property. After the death of R. Balaiah, his sons, who were examined as PWs. 2 and 3, are stated to have executed the sale deed, dated 7-5-1992 (marked as Ex. A-1), in favour of the plaintiff. He pleaded that on account of his employment, he was at various places and in that view of the matter, he entrusted the management of the property to his younger brother, the defendant, and that taking advantage of the same, the latter got false entries in certain revenue records and in fact obtained an order of validation of sale on 29-1-1994, Ex. B-7.

(3.) DEFENDANT filed a written statement and pleaded that he entered into an agreement of sale in the year 1989 with PWs. 2 and 3 and thereafter the sale was validated in his favour through Ex. B-7. He contended that plaintiff was never in possession of the property and that the reliefs claimed cannot be granted.