M PARVATHAIAH Vs. B N REDDY

JUDGEMENT

(1.) The Plaintiffs are the appellants in this appeal. The suit is laid for declaration of title of the plaint schedule property and recovery of possession and also for declaration of the rights of the plaintiffs to irrigate the suit lands with the water of Timmai Cheru and Ekkaldevi Kunta and for permanent injunction restraining the defendants from causing obstruction to the enjoyment of the irrigation channels of above two sources of irrigation in the suit lands and for mandatory injunction to restore the irrigation channel that was destroyed by the defendants and to restore to its original condition and for recovery of profits, both past and future.

(2.) The Plaintiff averments can be divided into two parts. One relating to title, and another relating to easementary rights. Now, it is agreed by both the counsel that the question of title may be decided in this appeal and the claim regarding the easementary rights may be left out to be decided either by the revenue authorities, or the civil court afresh. It is enough to state the averments in the plaint, regarding the title. The plaintiffs' case is that they are the brothers and they are the protected tenants in respect of the plaint schedule property, which is a part of Acs. 62-03 guntas along with other joint protected tenants, and the suit land is fed by irrigation sources of Timmai Cheru and Ekkaladevi Kunta and the defendant No. 1, who is the owner of the property, agreed to sell this property to them and having received the consideration, the authorities under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Hereinafter referred to as the Act) issued the sale certificate under Section 38(6) of the Act and however in the month of March, 1968 defendants 1 to 3, with the help of other defendants, forcibly took possession of the property and deprived their possession, and hence the the suit for declaration and for possession.

(3.) The first defendant is the father of defendants 2 and 3. Defendants 4 to 9 are co-sharers and defendants 11 to 24 are supporters of defendants 1 to 3.