AHALYA BAI Vs. G SHANKARAIAH

JUDGEMENT

(1.) The appellant-defendant No. 1 in O.S.No. 13 of 1982 on the fileof the learned District Munsif at Asifabad and appellant No. 1 in A.S.No. 14 of 1985 on the file of the learned Subordinate Judge, Asifabad, who lost her defence against the respondent-plaintiff in the said suit, has come up with this appeal. Respondents 2 to 4 are the defendants 2 to 4 in the suit

(2.) The first respondent filed the suit for declaration that he is the owner of the suit land bearing S.No. 195 measuring Acs.7-11 cents and S.No. 198 measuring Acs.3-16 cents situated in Navagaon village described in the plaint schedule and the suit sketch map and for permanent injunction to restrain the defendants from interfering with his alleged possession and enjoyment of the suit land. He claimed to have perfected his title to the suit land by adverse possession for having been in possession for more than 12 years, alleged that D1 has been out of possession during such a period and "her name normally shown as pattedar," alleged her interference with his possession at the instigation of others, alleged that she was threatening him to evict from the suit land and he also alleged that she tried to take forcibly possession from him on 10-6-1982 and therefore he had to file the suit for the said reliefs.

(3.) The first defendant denied the case of the plaintiff as above. She continues to be the owner of the suit land after the death of her husband, she was getting the land cultivated through the tenants till she permitted the plaintiff to cultivate the suit land on lease for seven years, he handed over possession to her after seven years and she cultivated the same thereafter, the plaintiff has no merit in the suit and that it may be dismissed with costs. The other defendants appeared to have not resisted the suit, but they supported the appellant-defendant No. 1.