S. NARSIMHA REDDY Vs. G. VIJAYAMMA

JUDGEMENT

(1.) This appeal is arising out of the judgment dtd. 30/3/2011 in A.S.No.32 of 2008 on the file of Family Court-cum-Additional District and Sessions Judge, Mahabubnagar, which is arising out of the judgment and decree dtd. 29/1/2008 in O.S.No.6 of 2004 on the file of Senior Civil Judge, Mahabubnagar.

(2.) For the purpose of convenience, the parties are referred to as arrayed in the original suit.

(3.) The appellants are the defendants. The suit was filed for partition and separate possession. The brief facts of the plaint are that plaintiff Nos.1 to 3 are the sisters of defendant Nos.1 to 3. The suit scheduled land in Sy.No.503 to an extent of 10-00 acres situated at Sankalamaddi village of Addakal Mandal, is the self-acquired property and stridhana of their mother Smt. Rathnamma and that during the life time of said Rathnamma, she donated the land to the Government for construction of office complex and possession of land was handedover to the Government in the year 1984 and the land was converted into Khariz Khatha. But the Mandal headquarters could not be constructed, as Addakal was selected as Mandal headquarters. Then, on the petition by the parties to the suit, the Chief Commissioner of Land Administration, A.P., ordered for return of land to the legal heirs of the donor Smt.Rathnamma vide proceedings No.B4/1348/2002, dtd. 1/8/2002. As per the said orders, the District Collector, Mahabubnagar issued proceedings No.B1/5116/2001, dtd. 23/6/2003 and directed the MRO to return the land to the legal heirs of the original donor. Accordingly, the MRO, Addakal has complied with the orders of the District Collector and restored the names of defendant Nos.1 to 3 alone in the revenue records as legal heirs of Rathnamma, instead of plaintiff Nos.1 to 3 along with defendant Nos.1 to 3.