LAWS(ORI)-2007-9-67

KOTA SUNDARA RAO Vs. VAISYARAJU SANYASI RAJU

Decided On September 20, 2007
Kota Sundara Rao Appellant
V/S
Vaisyaraju Sanyasi Raju Respondents

JUDGEMENT

(1.) HEARD further argument from both the parties, hearing is concluded and the judgment is as follows.

(2.) JUDGMENT and decree dated 28.11.1981 of the Additional Munsif, Chhatrapur in Title suit No. 29 of 1978 and the confirming judgment dated 19.10.1985 of the learned Sub -ordinate Judge, Chhatrapur in Title Appeal No. 3 of 1983 are under challenge in this Second Appeal. At the time of admission of the appeal, Ground Nos. 3, 5 and 10 of the appeal memo were construed as the substantial questions of law. Those grounds read as hereunder :

(3.) ONARASI is the grandmother of the plaintiff and the defendant. Admittedly she was the recorded tenant of the above -noted disputed suit land. Plaintiff claimed right, title and possession of the suit land as against the defendant on the strength of a registered deed of sale executed in his favour by Onarasi on 13.05.1977. Plaintiff stated that defendant threatened him and disturbed his possession. His further case is that Onarasi remained in possession of the suit land through tenants and subsequently from the year 1963 by undertaking self -cultivation and entrusting the cultivation to the defendant and that, after the sale transaction, plaintiff is the owner of the property. Accordingly he filed the suit for recovery of possession. Defendants filed a written statement, inter alia pleading that in 1944 under Registered Sale Deed, Ext. C, Oranasi sold the suit land in favour of his mother and thereafter the family of the defendant possessed the same with right, title and interest. In the year 1970, a partition was effected between him and his brother, and in that partition the suit land was allotted to his share. That partition deed was also registered. Ext. D is the certified copy of the said partition deed.