P SRINIVASA RAO Vs. CHIRRAVURI GOKARNACHARI

JUDGEMENT

(1.) The 1st respondent, who is no more, filed OS No.214 of 1999 in the Court of Principal Junior Civil Judge, Avanigadda, against the petitioner herein, for the relief of declaration of title and recovery of possession of the suit schedule property. During the pendency of the suit, he died, and the 2nd respondent was brought on record as legal representative. The claim of the respondents is that the suit schedule property was assigned to them, by the Government, in the year 1992, and despite the same, the petitioner is claiming title over it.

(2.) Petitioner filed written-statement, opposing the claim of the respondents. He pleaded that his predecessors in title purchased the land, way back in the year 1948, and he in turn, purchased the suit schedule property in the year 1999. He further pleaded that the patta granted in faovur of the 1st respondent, under the provisions of the A.P. Home Steads Act (for short 'the Act') is contrary to the law, and the prescribed procedure was not followed.

(3.) The trial of the suit commenced. When the turn of the petitioner to adduce his evidence came, he filed IA No. 1174 of 2004, with a prayer to summon the Mandal Revenue Officer, Kodur, and to require him to file five documents mentioned therein. Through its order dated 29-9-2004, the trial Court dismissed the IA. Hence, this revision.