M THIMMA RAJU Vs. DRONAMRAJU VENKATAKRISHNA RAO

JUDGEMENT

(1.) These appeals are filed by the plaintiffs against the common judgement of Venkatarama Sastry, J., in Appeals Nos. 209/1970, 431/1971, 3/1972 and Transferred Appeal No. 208/1974, and they are disposed of by us by a common judgement.

(2.) The plaintiffs filed O. S. No. 28/1950 in the Court of the Subordinate judge, Eluru, for partition of the suit properties by metes and bounds into two shares and for allotment of one share to them, and for mesne profits. Originally, they filed the suit against defendants 1 and 2. The defendant in his written statement pleaded that the lands situate in Chilakapadu and D. Muppavaram villages were in possession of the tenant and they were claiming occupancy rights. Thereupon, the plaintiffs impleaded the tenants as defendants 3 to 19 in the suit. During the pendency of the suit the 1st defendant sold the suit properties to the defendants 3 to 52. Consequently the plaintiffs amended the plaint stating that the sales in their favour were subject to the doctrine of Lis Pendens, that those properties also had to be partitioned along with the other properties, and that they were entitled for a decree against them also as prayed for. But the plaintiffs did not pay court fee for recovery of possession of the lands from the tenants.

(3.) The defendants-tenants filed written statements Contending that the lands were situate in an Estate, that they had acquired occupancy rights and the remedy of the plaintiffs was only to secure compensation.