K RAMABRAHMAM Vs. G NARSINGH RAO

JUDGEMENT

(1.) The appellant filed O.S.No.3 of 1982 in the Court of District Munsif, Rammanapet, against the respondent, for the relief of declaration, that he is the owner of 15 acres of land in Sy.No.282 of Aroor village, and for recovery of possession of the same from the respondent. He also claimed past mesne profits, at the rate of Rs.500/- per annum, for three years, prior to the date of filing of the suit.

(2.) The appellant pleaded that the mother of the respondent herein, by name, Radha Bai, borrowed certain amount from him, in connection with the marriage of her daughter in or about 1950, by mortgaging the suit land to him. He stated that since Radha Bai could not repay the amount, by the year 1954, she executed an unregistered sale deed dated 23-04-1954, in his favour, for the said land, for a consideration of Rs.750/-. The possession is said to have been delivered on the same day. He, however, pleaded that the unregistered sale deed was misplaced, and lost by him. According to the appellant, he cultivated the land ever since the date of the sale, and that his name was entered in various revenue records. It is also his case that he mortgaged the land to the Large Size Co-operative Society, Aroor, in the year 1961 and obtained loan. According to him, the respondent was elected as President of the said Society in the year 1963 and he too had sanctioned loan on the mortgage of the suit land. In the year 1967, differences are said to have arisen between the respondent and his mother. It is alleged that the respondent dispossessed the appellant from the suit land in the 1967. He pleaded that he filed an application, under Section 50-B of the A.P (Telangana Area) Tenancy and Agricultural Lands Act, 1950, before the Tahsildar, Ramannapet, for grant of validation certificate for the suit land, and that the same was pending as on the date of filing the suit. The appellant made extensive reference to various steps, that ensued between himself and the respondent for amicable settlement of the dispute.

(3.) The respondent filed written-statement, denying the allegation of the appellant. It was pleaded that after the death of his father, i.e. Sri Balvanth Rao, his mother Radha Bai was administering the properties, and since he was only a boy of very young age, his mother employed the appellant herein, as Gumasta, to look after the properties and to maintain the office of Patwari. He alleged that taking advantage of the access to the revenue records, the appellant made certain wrong entries, and being a President of the Society, for a term, he sanctioned loan to himself, on the alleged mortgage of the suit property. The respondent asserted that neither his mother nor himself borrowed President of the said Society in the year 1963 and he too had sanctioned loan on the mortgage of the suit land. In the year 1967, differences are said to have arisen between the respondent and his mother. It is alleged that the respondent dispossessed the appellant from the suit land in the 1967. He pleaded that he filed an application, under Section 50-B of the A.P (Telangana Area) Tenancy and Agricultural Lands Act, 1950, before the Tahsildar, Ramannapet, for grant of validation certificate for the suit land, and that the same was pending as on the date of filing the suit. The appellant made extensive reference to various steps, that ensued between himself and the respondent for amicable settlement of the dispute.