VADAPALLI SATYANARAYANA AND ANR. Vs. NADELA NARASIMHA RAO

JUDGEMENT

(1.) THE Defendants have preferred this appeal against the confirming decision of the Subordinate Judge, Jeypore in Title Appeal No. 2 of 1970.

(2.) THE Plaintiff's case in short is that the suit property originally belonged - to one Narasingha Baxi Patro who sold the same to K. Parthasarathi (P.W.1) as per Ext. 1 dated 7 -6 -1950. Thereafter K. Parthasarathi sold the suit property in 1956 to the Plaintiff under an unregistered sale deed Ext. 2 for a consideration of Rs. 501 -. Defendant No. 1 in 1950 constructed a temporary thatched structure on the suit land on taking Plaintiff's permission to that effect. But in 1967, the Defendants alleged that Defendant No. 1 sold the suit property to Defendant No. 2 and gave delivery of possession to Defendant No. 2. Having come to know about the said illegal transaction between Defendants 1 and 2, the Plaintiff instituted this suit for declaration of his title to and delivery of possession of the suit land.

(3.) BOTH the Courts have held that K. Parthasarathi, the vendor of the Plaintiff had acquired good right title and interest over the suit property by purchasing the same from the original owner Narasingha Baxi Patro as per Ext. 1 dated 7 -6 -1950. It is also held by both the Court that the said K. Parthasarathi, having good title to the suit property and being in possession of the same, sold the suit land to the Plaintiff in 1956 as per the unregistered sale deed Ext. 2 for Rs. 50/ -, and delivered possession of the same to the Plaintiff. On the aforesaid findings the Courts below have held that the Plaintiff has acquired right, title and interest over the suit land. Both the Courts below on a convincing discussion of the evidence on record have also arrived at the finding that Defendant No. 1 was in permissive possession of the suit land and neither Defendant No. 1 nor Defendant No. 2 acquired right to the suit land by adverse possession. They also categorically find that soon after the execution of the unregistered sale deed Ext.2 in 1956 the vendor of the Plaintiff delivered possession of the suit land to the Plaintiff.