PAKEER PITCHI REDDY Vs. PAKEER PAPI REDDY

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree in a. S. No. l of 1996, on the file of the Principal District Judge, Nalgonda, through which, the judgment and decree, of the Court of the Junior civil Judge, Nalgonda, in O. S. No. 1 139 of 1991, was reversed. The appellants are the defendants in the suit. Their father and the 1st respondent are brothers, and the 2nd respondent is the son of the 1st respondent.

(2.) THE father of the appellants, the 1st respondent and their two other brothers, constituted a Hindu Joint Family. They partitioned their lands about 30 years prior to the filing of the suit. One item of the landed property held by the joint family, was the land in Sy. No. 63, admeasuring Ac. 4. 20 guntas, situated at Parapallygudem, Nalgonda, and it abutted the road on the northern side. In the partition, one acre, immediately abutting the road, and Ac. 2. 20 guntas, on the southern side, was allotted to the father of the appellants. A piece of one acre, lying in between, fell to the share of the 1st respondent. In another piece of land, of Ac. 1. 30 guntas, was in Sy. No. 49, at a little distance. The same parties got equal share in that land. About 15 years after the partition, an exchange took place, whereunder one acre of land in Sy. No. 63, on the northern side, was given to the 1st respondent, and in exchange, he gave his share of land in Sy. No. 49, to the father of the appellants. The appellants, in turn, have laid a pipeline from their land in Sy. No. 49, to their share of land in Sy. No. 63, which passed through the two acres of land, that is held by the 1st respondent, after the exchange.

(3.) DISPUTES arose between the parties, and in fact, some criminal cases have ensued. The respondents obstructed the appellants from passing through their portion of land in Sy. No. 63, for reaching the rear portion of Ac. 2. 20 guntas. The respondents filed the suit for a declaration that the appellants do not have any right to pass through their land, shown as 'a' Schedule, to the plaint.