EERAPPA Vs. GOLLA NAGAIAH

JUDGEMENT

(1.) THE plaintiff in O. S. No. 3 of 1979 on the file of the learned district Munsif, Andole at Jogipet is the appellant. He filed the suit originally against one Mr. Gotta Nagaiah, the sole defendant, for the relief of declaration of title, recovery of possession and ascertainment of mesne profits, in respect of the land in Survey No. 105f (English letter equivalent to that of Telugu) of Bodmatpally Village, medak District. During the pendency of the suit, the sole defendant died and his brothers, defendants 2 and 3 were brought on record. Subsequently, defendant No. 3 died and his legal representatives are brought on record.

(2.) THE appellant pleaded that his mother, by name Papamma, was the owner of the said property and after her death, he succeeded to the same. It was his case that succession has been granted in his favour by the revenue authorities in the year 1970. He alleged that the defendant dispossessed him from the suit land in the 1st week of June, 1977 with the help of antisocial elements.

(3.) A written statement was filed by the sole defendant. He admitted that the land was originally owned by the mother of the appellant and after her death, the appellant succeeded to the same. According to him, the appellant and his brother-in-law, by name Sangappa, sold the suit land to him, vide document dated 29. 7. 1957, marked as Ex. B. 1, for a consideration of Rs. 525/-and that a receipt, marked as Ex. B. 2, was issued evidencing the receipt of the entire consideration. According to him, he is in continuous and uninterrupted possession of the land ever since 1957 and he denied the allegation of trespassing into the land in the year 1977.