PENUBOYINA RAGHAVULA Vs. KONAKALLA MUKTESWARARAO

JUDGEMENT

(1.) The sole defendant in O.S. No.243 of 1982 in the Court of District Munsif, Chintalapudi, filed the second appeal. He died during the pendency of the second appeal and his legal representatives were brought on record.

(2.) Respondents 1 to 3 are the sons and respondent No.4 (since died) is the wife of late Konakalla Narayana. They filed the suit against the appellant for the relief of recovery of possession and mesne profits. They pleaded that they are the absolute owners of the land in R.S.No.101/ 1A of Venkatapuram Village in West Godavari District, admeasuring Ac. 12-24 cents. The appellant is said to be the owner of Ac. 1-00 of land in R.S.No.101/1B on the East of their land. They allege that Narayana died in the year 1979 and when they were in bereavement, the appellant encroached into Ac.2-00 of land, which is separated from the rest of their land by a Donka (Cart Track). On 7-10-1982, they got issued a notice calling upon the appellant to vacate Ac.2-00 of land shown in the suit schedule. The appellant replied on 26-10-1982, stating that late Konakalla Naravana executed an agreement of sale dated 26-11-1973 in respect of the suit schedule property and had received substantial consideration. The respondents pleaded that late Narayana never executed any agreement of sale and ultimately filed the suit for the relief referred to above.

(3.) The appellant filed a written statement repeating his stand taken in the reply dated 26-10-1982. He furnished the particulars of the payments, said to have made by him, towards consideration for the property. At a subsequent stage, the appellant filed LA. No.505 of 1984 seeking amendment of the written statement to incorporate the plea of adverse possession. The I.A. was allowed and the respondents, in turn, filed a rejoinder, disputing the plea of adverse possession.