JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed by the plaintiff against the judgment and decree dated 19.12.2008 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Appeal Suit No. 1842 of 1996 which in turn arises out of judgment and decree dated 15.03.1996 passed by the IInd Additional Subordinate Judge, Vijayawada, in O.S. No. 15 of 1985.

2. By impugned judgment, the learned Single Judge of the High Court allowed the first appeal filed by defendant no. 1 (respondent no. 1 herein), reversed the judgment and decree of the trial court, which had decreed plaintiff's suit for ejectment against defendant no. 1 in relation to the suit house and in consequence dismissed the plaintiff's suit.

3. So the question that arises for consideration in this appeal is whether the High Court was justified in allowing the first appeal filed by defendant no. 1 thereby justified in dismissing plaintiff's suit filed for ejectment against defendant no. 1 in relation to the suit house?

4. In order to appreciate the controversy involved in this appeal, it is necessary to state the relevant facts in brief infra.

5. The dispute relates to house bearing No. RS 233/1 situated in a