G. Chandraiah, J.

Heard both the counsel.

2. Aggrieved by the judgment and decree dated 24.11.2009 passed by the court of Principal District Judge, Rangareddy District at L.B. Nagar, Hyderabad in O.S.No.245/2005, in dismissing the suit filed for declaration and for consequential injunction, the plaintiff filed the present first appeal.

3. The suit schedule property is the agricultural land admeasuring Ac.0-33 guts in Sy. No. 43/ and 46/ situate at Moosapet village, Balangar Mandal, Rangareddy.

4. The plaintiff filed the suit for declaration of title and for consequential permanent injunction, restraining the defendants and their henchmen etc., from interfering with his peaceful possession and enjoyment of the suit schedule property.

5. The plaint averments are that one T.Yadaiah and T.Narsaiah are brothers and sons of Balakrishnaiah. Balakrishnaiah, owned several properties. The plaintiff is the son of Narsaiah, born through his first wife. The 1st defendant is the second wife of Narsaiah and the 2nd defendant is the son of Narsaiah, through his second wife. The defendants 3 to 5 are the sons of Yadaiah.

6. Yadaiah and Narsaiah, owned lands in Sy.Nos. 43/ , 46/ 65/ to an extent of Ac.1-11 guntas at Moosapet, Balanagar Mandal Rangareddy District. The case of the plaintiff is that he purchased the suit schedule property from Yadaiah and Narsaia under registered sale deed dated 12.1.1970 and became absolute owner of the said property and has been in continuous possession and enjoyment of the same, without any interruption and he also got his name mutated in the revenue records and has been paying taxes and cultivating the lands. After the death of his mother, the plaintiff got separated from the joint family and living separately and he is an employee of BHEL.

7. While so, in the year 1973, defendants 1 and 2 herein, who are the second wife of T. Narsiah and her son, filed a suit in O.S.No.29/1973 on the file of Munsif Magistrate, West and South, Hyderabad against the father of the plaintiff herein and the plaintiff, seeking partition of various properties, including the suit schedule property. The said suit was partly decreed and the present suit schedule property was excluded and was directed to be given to plaintiff herein, who is the 2nd defendant in the said suit. The defendants 1 and 2 herein preferred appeal and ultimately the judgment and decree in O.S.No.29/1973 has become final.

8. In the year 1992, when defendants 3 to 5 tried to interfere with the possession and enjoyment of the suit schedule property, the plaintiff filed the suit in O.S.No.197/1992 for injunction and the same was decreed on 7.5.1997 ex parte. However, the defendants 3 to 5 herein, filed a suit in O.S.No.213/1992 on the file of I Additional Senior Civil Judge, Rangareddy District for partition, including the suit schedule property. The said suit was filed against the father of the plaintiff i.e., T.Narsiah and the plaintiff. By judgment and decree dated 30.4.1998, the partition suit was decreed. Aggrieved by the same, the plaintiff herein, who is the 2nd defendant in said suit, filed first appeal in A.S.No.59/1990 on the file of III Additional District and Sessions Judge at L.B. Nagar Rangareddy District, Hyderabad. By judgment and decree dated 31.10.2003, the appeal was dismissed and the second appeal filed by the plaintiff in S.A.No.623/1004 also ended in dismissal by judgment and decree dated 17.9.2004. The case of the plaintiff in all the above judgments, is that the suit schedule property was purchased by him for a valuable consideration and that he is in possession of the said property. The further case of the plaintiff is that his sale deed dated 12.1.1970 was not rejected and hence is subsisting and thus he is the absolute owner and possessor of the suit schedule property. His case is that he is in possession of the suit schedule property for last thirty years without any interruption and after the dismissal of the second appeal