GOPINATHA RAO Vs. V NARAYANA

JUDGEMENT

(1.) The 1st appellant herein named iruvanti Gopinatha Rao was the plaintiff in O.S.No.12 of 1989 filed by him in the Court of the Subordinate Judge, Sathupally, Khammam District against the defendants-respondents herein. The suit was filed by the plaintiff for declaration that he is the owner and possessor of Ac.26-17 guntas of dry land situated in Sy.Nos.404, 405 and 406 at Rayudupalem village, Hamlet of Ammapalem, erstwhile Sathupalli Taluk of Khammam District, which is the suit schedule property. On-evidence, the learned Subordinate Judge dismissed the suit of the plaintiff. Aggrieved by the aforesaid judgment and decree, the first appellant-plaintiff carried the matter in appeal by filing A.S.No.39 of 1992 in the Court of the Additional District Judge, Khammam. The learned Judge dismissed the appeal filed by the plaintiff-appellant herein, confirming the judgment and decree passed by the trial Court. Aggrieved by the judgment and decree of the first Appellate Court, the original plaintiff-1st appellant herein has filed the present appeal.

(2.) The brief averments made in the plaint are as follows: As stated earlier, the plaintiff filed the suit for declaration that he is the owner and possessor of the land described in the earlier paragraph of my judgment. It was further averred by him that he purchased the suit schedule property from one Nandigama Satyanarayana Rao in the year 1968. Since then he has been in peaceful possession and enjoyment of the same paying necessary land revenue.

(3.) It was further averred by the plaintiff that in the year 1975 he filed a declaration under Section 8 (1) of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1976. The Land Reforms Tribunal declared that the plaintiff was in ceiling limit and therefore the plaintiff did not surrender any land.