JUDGMENT

ALTAMAS KABIR, J.

1. The suit properties, along with certain other properties, formed the joint family properties of one G. Pullareddy and his two sons, G. Pitchireddy and Gaddam Ramireddy. The said properties were partitioned in 1947 into three equal shares and were separately enjoyed by the three co-sharers thereafter according to such partition.

2. On 21st December, 1952, G. Pullareddy executed and registered a Deed of Gift giving a limited right in his share of the properties to his wife, Gaddam Sheshamma. In terms of the Gift Deed Sheshamma was given a limited right of enjoyment of the properties during her lifetime, without right of alienation, and the remainder was vested in G. Ramireddy. It was stipulated that after Sheshamma's death, the properties would devolve on G. Ramireddy.

3. G. Pullareddy died in or about 1957. At about the same time, Sheshamma is said to have executed a Deed of Relinquishment in respect of 1.89 acres in R.S. Nos.93/2 and 1/1 and also executed two sale deeds in favour of one Mukkala Chennareddi and Vintha Ramakotireddy in respect of some of the aforesaid properties. On 17th February, 1972, Sheshamma also executed and registered a Will in favour of her grandchildren through G. Pitchireddy, bequeathing the properties which were received by her through the Gift Deed dated 21st December, 1952, to them.

4. Apparently, in view of all the aforesaid alienations by Sheshamma, G. Ramireddy filed O.S. No.17 of 1975 against Sheshamma, Mukkala Chennareddi and Vintha Ramakotireddy before the District Munsif, Tituvur, for a declaration that the sale deeds dated 31st January, 1967 and 16th July, 1974, executed by his mother, Sheshamma, in favour of Mukkala Chennareddi and Vintha Ramakotireddy, who were made Defendant Nos.5 and 6 in the suit, did not affect his rights in the properties. He also prayed for permanent injunction against the said Defendants from interfering with his possession in the said properties. The suit was contested by Sheshamma and Mukkala Chennareddi and was ultimately decreed on 31st January, 1979, in favour of G. Ramireddy, the Respondent No.1 herein, holding that the sale deeds executed by Sheshamma in favour of the Defendant Nos.5 and 6 were invalid, inasmuch as, Sheshamma had no right of alienation as she did not get an absolute right in the properties. No appeal appears to have been preferred against the said judgment.

5. On 15th August, 1991, Sheshamma died and on 9th October, 1991, G. Ramireddy filed O.S.

No.111 of 1991, which is the present suit, in the Court of Subordinate Judge, Nuzvid, for a direction upon the Defendants to put him in possession of the suit properties and also for payment of mesne profits. The Defendant No.2 duly filed his Written Statement and the same was adopted by Defendant Nos.1, 3 and 4, denying the claim of the Plaintiffs and asserting their independent right to the properties through their late father, G. Pitchireddy. It was also the case of the Defendant Nos.1 to 4 that they had perfected their rights in respect of Item Nos.4 and 5 of the plaint schedule by way of adverse possession and that Sheshamma had a pre-existing right of maintenance in the properties of G. Pullareddy and the life estate created under the Gift Deed dated 21st December, 1952, blossomed into an absolute estate under Section 14(1) of the Hindu Succession Act, 1956. Although, it was admitted that the rights in respect of the properties covered under Item No.6 of the plaint schedule had become final in O.S. No.17 of 1975, it was at the same time submitted that the same could not operate as res judicata in the present suit. The 5th Defendant contested the suit claiming that he was in possession of 0.07 acres of land forming part of Item No.6 of the plaint schedule properties and that he had purchased the same through sale deed dated 16th July, 1974, executed by Sheshamma for use as a passage to reach his own land and that he had remained in continuous possession even after the