MALLAMKONDU VENKATA RAMANA Vs. BANAKATHI ABULAMMA

JUDGEMENT

(1.) This Appeal is preferred by the defendant in O.S.No.106 of 1995 on the file of the District Munsif at Guntakal. The respondents are the plaintiffs in the said suit.

(2.) The Plaintiffs filed the suit for declaration of title and recovery of possession of the suit schedule property. The plaintiffs averred that the first plaintiff is the absolute owner of the suit schedule property having purchased the same from the rightful owner under a registered sale deed, dated 19-5-1988. Ever Since the plaintiffs are in possession and enjoyment of the property. The name of the first plaintiff is mutated in the revenue records by deleting the name of the vendor B Pedda Linga Reddy. The defendant has no manner of right in the suit property and he is trying to trespass and disturb the possession of the first plaintiff. After the first plaintiff, plaintiffs 2 to 5 are in possession and enjoyment of the property. As the injunction petition was dismissed during the pendency of the suit, the suit was converted into one of the recovery of possession and declaration of title.

(3.) The defendants filed a written statement contending that the alleged sale deed is a nominal one and is not binding on the defendant. The suit land originally belonged to two brothers namely, A.S. Pedda Khasim Sab and A.S. Hazeepeera Sab of Tadipathri. The sons of those persons agreed to sell their joint half share to the defendant under an agreement of sale dated 16-11 -1974. On the date of agreement of sale itself, they delivered possession of the property in the suit survey number. The defendant, being the agreement holder, is in possession and enjoyment of the property as absolute owner. The defendant perfected his title to the property by adverse possession. The sons of A.S. Hazeepeera Sab also agreed to convey their joint half share to the defendant and executed an agreement of sale deed, dated 24-12-1981. It was specifically agreed upon to execute a registered sale deed. The defendant raised lime garden after agreement of sale, dated 24-12-1981 in the southern portion of the land.