IMPORTANT POINT
Ingredients of adverse possession restated.

JUDGMENT

Chandramauli KR. Prasad, J. —

1. Plaintiff No. 1 is the son of plaintiff No. 2, whereas original defendant Nos. 1 and 2 were brother and sister of the second plaintiff. Both the defendants died during the pendency of the suit. The heirs and legal representatives of the first defendant were substituted in his place and they had contested the suit.

2. Plaintiff filed the suit for recovery of possession in respect of several properties mentioned in schedule of the plaint and in the present appeal we are concerned with Schedule – I property i.e. four acres of land pertaining to R.S. No. 44/3 situate at village Vijjeswaram, hereinafter referred to as the land in dispute.

3. According to the plaintiffs their predecessor-in-interest viz., one Venkata Ramana Rao, who happened to be the father of plaintiff No. 1 and husband of plaintiff No. 2, was the owner of land in dispute. Venkata Ramana Rao was a Government employee and in his absence defendant No. 1 i.e. elder brother of second plaintiff used to look after his property. Said Venkata Ramana Rao died in the year 1948 and thereafter the plaintiffs came back to the village and started looking after the agricultural land including the land in dispute. Plaintiff’s case further is that again in the year 1954 they shifted their residence to Kakinada for education of the first plaintiff and defendant No. 1 was asked to look after the land in dispute. In the year 1974 when the defendant declined to deliver possession of the land in dispute, lawyer’s notice dated 6th April, 1974 was issued calling upon the defendants to hand over the property. Defendant No. 1 responded to the notice by his letter dated 27th May, 1974 denying the title of the plaintiffs and claiming himself to be the owner of the property. Plaintiffs thereafter filed the suit bearing O.S. No. 20 of 1974 in the Court of the Subordinate Judge, West Godavari District, Kovvur for recovery of possession in respect of land in dispute and for mesne profit.

4. In the written statement filed by defendant No. 1 his plea was that he purchased the land in dispute under a stamped agreement from Venkata Ramana Rao for a value of Rs.1600/-. According to him he paid Rs.1,000/- to Venkata Ramana Rao and a sum of Rs.225/- to one Bombothu Chitteyya who was the tenant and in possession of the land in dispute during 1943 and said tenant vide letter dated 16th June, 1943 relinquished his possession and delivered the land to defendant No. 1. It is further case of defendant No. 1 that balance amount of Rs.400/- was sent by Money Order. After the death of Venkata Ramana Rao, defendant No. 1, the second plaintiff claimed more money towards the sale of the land in dispute and plaintiff No. 2 being the sister of defendant No. 1, a further sum of Rs.500/- was paid to her vide receipt dated 14th January, 1952 (Exh.B-4).

5. Plea of defendant No. 1 further is that on 6th November, 1960 he filed an application before the Assistant Settlement Officer for correction of rough patta issued in favour of second plaintiff in 1959 and to substitute his name along with his brother’s name in place of second plaintiff. In the application defendant No. 1 categorically stated that on 18th February, 1954 the Settlement Officer directed issuance of patta of the land in dispute along with other lands in their favour and he was all through waiting for the issuance of patta. However, according to defendant No. 1, in August, 1959 he came to know that a rough patta was issued to second plaintiff contrary to the decision of the Settlement Officer and thereafter he filed an application on 7th November, 1959 before the Rough Patta Correction Officer informing him about variance between grant and the order and prayed that the name of the second plaintiff be deleted from the patta and in her place his name and that of his brother’s name be substituted. According to defendant No. 1 he filed reminder on 6th November, 1960 but it was returned by the Assistant Settlement Offic