MUNAGA VENUGOPAL RAO Vs. MUNAGA RADHAKRISHNA

JUDGEMENT

(1.) The respondents filed O.S. No. 13 of 2000 in the Court of the I Additional District Judge, Kadapa for the relief of declaration of title and recovery of possession in respect of the suit schedule properties against the petitioners. The petitioners filed the written statement and took various pleas. One of the contentions advanced on behalf of the petitioners was that they have perfected their title in respect of the suit schedule properties by way of adverse possession. At a later point of time, they filed I.A. No. 514 of 2002 under Order 6 Rule 17 C.P.C., with a prayer to permit them to claim the relief of declaration of their title in respect of the suit schedule properties on the strength of the alleged adverse possession; through counter-claim and sought to pay the Court fee on such relief. The respondents resisted the application. They pleaded that the petitioners filed O.S. No. 762 of 1980 in the Court of the III Additional District Munsif, Kadapa against them for declaration of title and that it was dismissed. The decree of the trial Court became final with the dismissal of A.S. No. 84 of 1986 and S.A. No. 412 of 1988. The trial Court accepted their plea and dismissed I.A. No. 514 of 2002. Hence, this revision.

(2.) Sri S.V. Bhatt, the learned counsel for the petitioners submits that the plea of adverse possession was already raised in the written statement and the present amendment is only to formalize it by framing an appropriate relief through counter-claim and by payment of Court fee. He submits that the truth or otherwise of the plea and the legality of the relief, needs to be considered at the trial of the suit and the observations of the trial Court virtually amount to prejudging the issue.

(3.) Sri V.R. Reddy Kowuri, the learned counsel for the respondents, on the other hand, submits that the petitioners subjected the respondents to prolonged litigation since 1980, and even after it was finally held that the petitioners could not have any title in respect of the suit schedule properties, the present relief is claimed indirectly.