CHINARI BHIMARAJU Vs. KAMINI BEHERANI

JUDGEMENT

(1.) The second appeal is by the defendant against the reversing judgment of the lower appellate court decreeing the plaintiffs suit for title and possession.

(2.) The disputed land measures Ac.4.05 decimals under survey No. 1146/1 of village Subani in Berhampur Taluq comprising Tampara Salt Pormoboke land admittedly belonging to the State. It is the case of the plaintiff that this land and all such other lands used to be cultivated by various persons and government used to collect Sivaijama and allowed them to cultivate the land. According to the plaintiff, she purchased the right of cultivation of this Ac.4.05 decimals of land from the defendant for consideration of Rs. 1000.00 in Dec., 1955 and possessed the Same. Since defendant created trouble and there were several litigation's between the parties including 144 proceedings the plaintiff filed the suit for declaration and possession. The defendant denied any sale in favour of the plaintiff as alleged in the plaint. It is the case of the defendant that his father Chinary Ramamurty was the encroacher and was possessing the land since 1939 and at no point of time such possession ever went to the plaintiff.

(3.) The trial Court after considering the evidence on record and other documents came to the finding that it was the defendant, and prior to him his father, who were in possession of the land in question. The Court held that neither of the parties had a title to the land in question which remained with the Government. The Court dismissed the suit. The lower appellate court, on the other hand, reversed the findings of the trial court and decreed the plaintiffs suit.