VUYYURU VENKATA REDDY Vs. KARUMUDI MANGAMMA

JUDGEMENT

(1.) Vuyyuru Venkata Reddy, the defendant in O.S.No.370 of 1988, on the file of the Principal Subordinate Judge, Vijayawada, preferred this appeal, aggrieved by the Judgment and Decree made in O.S.370 of 1988, dated 13.08.1996. Karumudi Mangamma, w/o Veera Reddy, the defendant in the said suit died and the legal representatives were brought on record. The said Mangamma filed the suit to declare that she is the absolute owner of the plaint schedule property and to deliver vacant possession of the plaint schedule property and to render proper accounts in relation thereto. The learned Judge recorded the evidence of PWs.1 to 4 and DWs.1 to 6 and got marked Exs.A.1 to A.4 and Exs.B.1 to B.35 and also recorded the findings and ultimately decreed the suit. Aggrieved by the same the present appeal is preferred

(2.) Sri K.Suresh Reddy, the learned Counsel representing the appellant/defendant had taken this Court through the evidence of DWs.1 to 6 and also PWs.1 to 4 and had explained in detail the documentary evidence available on record and had pointed out the way in which the findings had been recorded by the learned Judge and would contend that in a suit of this nature having settled as many as six issues without appreciating both the oral and documentary evidence in proper perspective, to record reasons in such a fashion is impermissible in law and hence it is a fit matter where the matter may have to remanded to the original Court, in the facts and circumstances of the case.

(3.) Sri P.Srinivas, the learned counsel representing the present respondents-legal representatives of original plaintiff, while contesting the matter submits that the matter is an old one and though certain of the findings are not so satisfactory, in fact, the learned Judge appreciated the evidence in substance and recorded the findings and hence this Court as appellate court can exercise powers under Order 41 Rule 33 of the Code of Civil Procedure Code, and can definitely go into the entire material available on record and re-appreciate the evidence and record proper findings and hence the request for remand need be considered at this point of time.