KASARAPU SUJATHA Vs. VEERA VELLI VEERA SOMAIAH

JUDGEMENT

(1.) UNSUCCESSFUL defendants in the trial Court as well as in the lower appellate Court are the appellants in this second appeal.

(2.) THE respondent is the plaintiff in o. S. No. 169 of 1994 on the file of the junior Civil Judge, Suryapet. He filed the suit for declaration of his title and injunction. He also sought for relief of recovery of possession of certain extent of land wherein some structures exist. It is the case of the plaintiff that he purchased the suit schedule land comprising Survey No. 475 admeasuring Ac. 2. 05 guntas; Survey No. 476 admeasuring Ac. 0. 26 guntas and Survey no. 477 admeasuring Ac. 0. 26 guntas from kotha Rami Reddy and his son Kotha yakava Reddy under Ex. A2 registered sale deed dated 5. 8. 1976. He got his name mutated in the revenue records as Pattedar and he paid the cist for the said land till the state Government exempted collection of cist for the agricultural land in the year 1984. The defendant No. l along with his sister prameela filed O. S. No. 440 of 1980 against him and three others seeking partition and separate possession of their shares. Ultimately, they got the suit dismissed as withdrawn. Few years thereafter, the defendants tried to interfere with his possession over the suit schedule land. Therefore, he filed O. S. No. 168 of 1986 seeking perpetual injunction. The defendants approached the plaintiff with a proposal to settle the dispute out of Court. He agreed and withdrew the suit as not pressed on 21. 1. 1993. The elders failed to mediate and expressed their inability to compel the defendants for settlement out of Court. When the defendants tried to interfere with his possession on 30. 8. 1993, he filed a suit for declaration of title, perpetual injunction and for recovery of possession of certain extent of land wherein some structures exist.

(3.) THE first defendant filed written statement and the second defendant, who is no other than the husband of the first defendant, filed memo adopting the written statement of first defendant. It is the case of the first defendant that the suit schedule property is her ancestral property. Kotha Rami Reddy, Kotha Malla Reddy, kotha Somi Reddy and Kotha Anantha reddy were brothers and they constitute a hindu Joint Family. They possessed the suit property along with some other properties. Of the four brothers, two of them viz. , Malla Reddy and Anantha reddy went in adoption. Therefore, Rami reddy and Somi Reddy enjoyed the properties jointly. Somi Reddy died intestate about 20 years back. He was survived by a son viz. , Narsi Reddy and two daughters viz. , first defendant Sujatha and her sister prameela. Narsi Reddy died as a bachelor. Rami Reddy also died leaving behind his two sons viz. , Yakava Reddy and Damodar reddy. When Yakava Reddy started moving in bad company and became prey to vices, the first defendant along with her sister Prameela filed O. S. No. 440 of 1980 against Yakava Reddy and his brother damodar Reddy and two others seeking for partition and separate possession of their shares. The plaintiff herein was one of the defendants in the said suit. Pending the suit, the plaintiffs therein and their cousins who were the defendants 1 and 2 in the said suit entered into a compromise. In the said compromise, Ac. 1. 20 guntas in two bits, one bit admeasuring Ac. 1. 00 guntas and another bit admeasuring Ac. 0. 20 guntas allotted to the first defendant. The first bit of Ac. 1. 00 is bounded by : North : Land of S. Narasimha Reddy and S. Janardhan reddy; South : Land of plaintiff; East : land of Plaintiff and West : PWD Road. The second bit of Ac. 0. 20 guntas is bounded by : North : Land of S. Narasimha Reddy and S. Janardhan Reddy; South : Land of plaintiff; East : PWD Road, and West : land of Pathepuram Mallaiah. Subsequent to the settlement, the defendants herein did not pursue the said suit and consequently, the said suit came to be dismissed for default. The defendants constructed two room residential house over an extent of 12 x 6 sq. yards in Ac. 1. 00 of land. Apart from putting up constructions over an area of 12 x 6 Sq. yards, they also raised green gram and black gram crops in a portion of the land. The Gram Panchayat after verifying the ownership of the first defendant entered the name of the first defendant in the Gram Panchayat records as owner of the house existing on the land. The plaintiff filed O. S. No. 168 of 1986 seeking for injunction and subsequently withdrew the same. The withdrawal of the said suit indicates of plaintiff being not in possession of Ac. 1. 20 guntas claimed by the defendants.