IMPORTANT POINT
Non-joinder of necessary party is fatal.

ORDER

1.The present appeal has been preferred against the judgment and order dated 10.4.2006 passed by the High Court of Andhra Pradesh at Hyderabad in Second Appeal No.122/06 by which it dismissed the Second Appeal filed by the appellant affirming the judgments and order of the First Appellate Court dated 15.4.2005passed in Appeal Suit No.121/2000 and of the Trial Court dated 28.7.2000 passed in O.S. No.26/94.

2.Facts and circumstances giving rise to this Appeal are that the respondents herein filed Original Suit No.26/94 for seeking declaration of title and possession of the suit land admeasuring Ac.8.90 cents situate within the erstwhile jamindari of Tarla Estate in Srikakulam District and for other consequential relief, i.e. permanent injunction from interfering in any manner with the peaceful possession and enjoyment of suit land, before the Senior Civil Judge at Sompeta. The appellants/defendants filed written statement contending that the suit land being forest land had vested in the State of Andhra Pradesh and in order to substantiate the said averment it annexed the copy of the Gazette Notification, G.O. No.650 dated 25.9.1975 according to which possession and enjoyment of land in dispute was shown to be in favour of the Forest Department. The Ld. Trial Court vide judgment and decree dated 28.7.2000 decreed the suit. Being aggrieved, the appellants preferred Appeal Suit No.121/2000 before the First Additional Judge, Srikakulam District mainly on the ground that the plaintiffs/respondents were not in possession and enjoyment of the suit land and it was a Government land in physical possession of the Forest Department. However, the appeal preferred by the appellants stood dismissed vide judgment and order dated 15.4.2005. Being aggrieved, the appellants preferred Second Appeal before the High Court which has also been dismissed vide impugned Judgment dated 10.04.2006. Hence, this appeal.

3.Shri Anup Chaudhary, Ld. Senior Counsel appearing for the appellants and Shri R. Venkataramani, Ld. Senior Counsel appearing for the respondents have made claims and counter-claims on various issues and merit of the case. However, we are of the view that the High Court entertained the Second Appeal which was not maintainable for more than one reason and, particularly, that relief sought by the plaintiffs/respondents was declaration of title in respect of the suit land which according to the appellants has been in favour of the State of Andhra Pradesh and in physical possession of the Forest Department in view of Notification dated 25.9.1975. However, State of Andhra Pradesh had not been the appellant/party before the High Court though it was defendant no.1 before the Trial Court as well as before the First Appellate Court. A large number of private defendants in the Original Suit were also not impleaded as respondents in Second Appeal before the High Court. The Second Appeal has been filed by the three appellants, namely, District Collector, Mandal Revenue Officer and the District Forest Officer impleading original two plaintiffs as respondents. The original defendants 4 to 11 had not been impleaded before the High Court. Thus, the question does arise as to whether Appeal in the form it had been presented before the High Court could be entertained without State of Andhra Pradesh being the appellant party. More so, the High Court did not frame any substantial question of law before deciding the Appeal though making reference to the pleadings taken in the Second Appeal, the Court has discussed and decided the question of law raised therein.

4.Admittedly, it is not a case where the order passed by statutory Authority was sought to be quashed in the suit, the relief sought in O.S. No.26/94 had been as under:-

“a) For declaration that the plaintiffs have title and possession over the suit land.

b) For consequential relief of permanent injunction against all the defendants restraining them and their agents, subordinates, servants and workmen from