CHEKURU LAKSHMAIAH Vs. GOTTI GUNDAL VENKARAMI REDDY

JUDGEMENT

(1.) Heard Smt. C Vani Reddy, Counsel for the appellant and Sri D. Sethurami Reddy, Counsel for the 1st respondent.

(2.) On 4-8-1997 this Court made the following order:

(3.) The unsuccessful Defendant No.1 being aggrieved by the judgment and decree made in A.S. No.22/93 on the file of Principal Subordinate Judge, Gudur, reversing the judgment in O.S. No.329/84 on the file of District Munsif, Gudur had preferred the present second appeal. The 1st respondent is the plaintiff in the suit. The 2nd respondent/2nd defendant is shown as not a necessary party. The main contention which had been advanced by the learned Counsel for the appellant is that despite the fact that Ex.B-5 clearly shows the factum of possession, not placing reliance on Ex.B-1 and the clear evidence of DW-1 and DW-2 on the aspect that the total consideration had not been paid and possession also had been taken, reversing the well considered judgment of the Court of first instance, cannot be sustained. The learned Counsel had taken this Court through the findings recorded in O.S. No.329/85 and also by the Appellate Court in A.S. No.22/93 aforesaid.