RAJA REDDY Vs. MOTHE RAJANUA

JUDGEMENT

(1.) This Second Appeal is from the judgment and decree of the District Court, Nizamabad in A.S. No. 27 of 1970, dated 20th March, 1973. Among others, the important question raised by the plaintiff-appellant in this Second Appeal is that A.S. No. 27 of 1970 had abated as a whole and the judgment and decree are nullities. The plain tiff's suit for a declaration of title and recovery of possession of the suit lands of an extent of Acs. 5-07 guntas and for past and future mesne profits was decreed by the trial Court negativing the claim for mesne profits. The said decree of the trial Court was reversed by the lower appellate Court.

(2.) I have heard the appeal only with regard to the question whether the appeal as a whole has abated anc1 reserved n>y judgment on this question.

(3.) The plaintiff had filed the suit for declaration of title and for recovery of possession of the suit lands on the allegation that he is the owner of the lands and that the four defendants in conspiracy with one Govinda Reddy, the local Patwari, Gangireddy and Rajeswar Reddy, got into possession of the suit lands in 1956 alleging to be the owners and got their names entered in Pahanis as landlords. Thus, according to the plaintiff, from May, 1956 the defendants are in illegal possession of the lands and are cultivating the lands. The plaint does not state that each of the defendants are in possession of any particular portions of the suit lards. These averments amount to a trespass by all the defendants into the entirety of the suit lard in. 1956, they being jointly in illegal possession as a consequence of a conspiracy with Govinda Reddy, the local patwari and others. The defendants resisted the suit inter alia on the ground that title to the properties was acquired by adverse possession. Though a plea of limitation was raised in the written statement, no issue was framed or. the question whether the suit was barred by limitation.