ARAVA PUSHPAMMA Vs. ARAVA SUDARSANAM

JUDGEMENT

(1.) Arava Pushpamma, plaintiff in O.S.No.1091 of 1981, on the file of the Principal District Munsif, Nellore, had preferred the present second appeal.

(2.) This Court admitted the second appeal on 24-02-1997, framing the following substantial questions of law which are referred to infra.

(3.) Sri P. Sridhar Reddy, the learned counsel representing appellant/plaintiff had taken this Court through the findings recorded by the Court of first instance and would submit that after adduction of evidence of both sides, the concept of burden of proof would lose its importance. The learned counsel also would submit that one of the attestors in relation to sale deed is no more, yet another attestor is D-4 in the suit and the whereabouts of the scribe also being unknown, the suit had been rightly decreed on the strength of the registered sale deed Ex.A-1 and also in the light of evidence of PW-1. The learned counsel also would submit that one of the attestors in relation to sale deed is no more, yet another attestor is D-4 in the suit and the whereabouts of the scribe also being unknown, the suit had been rightly decreed on the strength of the registered sale deed Ex.A-1 and also in the light of evidence of PW-1. The learned counsel also would further submit that the particulars relating to the ground of fraud or ground of misrepresentation had not been pleaded in detail in the written statement. The learned counsel also would submit that the prior title deed Ex.A-3 also was delivered to the appellant/plaintiff on the date of Ex.A-1 and merely because the respondents/defendants were permitted to be on the property for some more time, would not alter the situation in any way. The learned counsel also pointed out to certain findings recorded in relation to appointment of Commissioner to examine the first defendant and how the first defendant was not examined and hence would submit that an adverse inference may have to be drawn in this regard. The learned counsel also placed reliance on the decisions of Vidyadhar V. Mankikarao (AIR 1999 SC 1441) and Court of Ward, Kolhapur V. G.N. Ghorpade (AIR 1973 SC 626).