K PAPADU Vs. GOLAGANA SURYA NARAYANA

JUDGEMENT

(1.) The appellant is the plaintiff in O.S. No.90 of 1991, on the file of the Court of Additional Subordinate Judge, Srikakulam. He filed the suit for the relief of declaration of title and perpetual injunction, against the respondents, in respect of the suit schedule property, admeasuring Ac.3-00 in Sy.No.16/4 of Derasam Village.

(2.) The appellant pleaded that his grandfather, by name Kolagana Pydayya, was the owner of the land in Sy.No.16/4, admeasuring Ac.22-60 cents, and out of it, he gave Ac.5-00 to one of his sons, Narsimhulu. The appellant is one of the three sons of Narasimhulu, and in the family partition, he is said to have been allotted Ac.3-00 of land, in Sy.No.16/4, and that his other brothers were allotted the remaining Ac.2-00 of land, in that survey number, and other properties held by Narasimhulu. He pleaded that the ownership of Pydayya was recognized, through important documents, such as fair adangal, prepared in the year 1953, and that the possession of the appellant over Ac.3-00 of land, in that survey number, was recorded, year after year.

(3.) The respondents, on the other hand, pleaded that the land in Sy.No.16/4, was held by Sri Poosapati Venkata Krishnamurthy Raju, as pattadar, and from him, the first respondent purchased an extent of Ac.2-70 cents, through sale deed dated 28-5-1985, and another Ac.0-50 cents, through sale deed dated 19-7-1991. Placing reliance upon these two sale deeds, and other documentary evidence, the respondents denied the title, as well as possession of the appellant.