Point of Law: When a party filed a written statement, the trial Court could not have rejected its reception, merely because it did not bear the signatures of the third defendant and since, it had only the signatures of his advocate.

JUDGMENT :

The plaintiffs preferred A.S.No.1541 of 1998 against the decree and judgment in O.S.No.79 of 1989 dated 26.06.1998 on the file of the Court of learned Senior Civil Judge, Bapatla. Respondents are the defendants. During pendency of this appeal, the second respondent died. His wife being the legal heir was brought on record, as per order in A.S.M.P.No.1498 of 2012, dated 29.01.2014.

2. The third respondent, who was a subsequent purchaser of a part of the plaint schedule property, during pendency of the suit, is the appellant in A.S.No.1555 of 1998. The respondents 1 to 3 therein are the plaintiffs and whereas respondents 4 and 5 are the defendants 1 and 2 respectively. The second respondent in A.S.No.1541 of 1998, who is also the fifth respondent in A.S.No.1555 of 1998 and the second defendant, presented cross-objections in respect of the findings against him in the judgment of the trial Court in A.S.No.1555 of 1998. A.S.No.1555 of 1998 is preferred by the third defendant in respect of the findings recorded against him in the suit by the judgment of the trial Court, referred to supra.

3. The first defendant in the suit did not prefer any appeal nor present any cross-objections either against the relief granted against him or with reference to the findings recorded against him in the impugned judgment.

4. The property in dispute in this case is about Ac.0.03 cents to Ac.0.03½ cents (for short ‘the suit site’) in Sy.No.400/1 shown as ANQ SXZ1Z in the plaint plan, of Ponnur town in Guntur district. It is not in dispute that this site was a grant in favour of Sri Komirisetty Bollaiah somewhere in the year 1941. Smt.Bandaru Narayanamma, is the daughter of Sri Komirisetty Bollaiah. He had constructed a thatty house (hut) in this site and had gifted away to his eldest daughter Smt.Bandaru Narayanamma, under a registered gift deed dated 01.09.1959 (Ex.B4). It is also not in dispute that Smt.Bandaru Narayanamma continued to be in possession and enjoyment of this site, where she got constructed three shop rooms, which are abutting municipal road known as Subbaraya Picture Palace Road in Ponnur Town, facing north. These shop rooms are stated to be in Ac.0.01 cents out of Ac.0.03 ½ cents. Behind these shop rooms, i.e., on the South a dwelling house was constructed with slant of the roof towards further South, and vacant site further south of it. The plaint plan, though disputed on behalf of the defendants in the suit, gives a fair idea of location of this property.

5. For convenience, the parties shall be referred hereinafter as arrayed in the suit, viz., as the plaintiffs and the defendants. The second defendant is the elder brother of the first plaintiff. Plaintiffs 2 and 3 are the sons of the first plaintiff. P.W.2 Smt.Bandaru Chittemma, is the wife of the first plaintiff. The second defendant and the first plaintiff are the sons of Smt.Bandaru Narayanamma. She died on 14.06.1989.

6. It is desirable to consider the pleadings set out by the parties before evaluating and analysing the evidence on record along with other material to know the basis of their claims in the suit.

7. In the plaint, the case of the plaintiffs was as under:

(i) The shop rooms constructed by Smt.Bandaru Narayanamma are shown in the plaint plan as items 1, 2 and 3 specifically demarcating ABCD/BDEF/EFGH respectively. The dwelling part of this site, which was a thatched house earlier, was subsequently improved raising brick walls and flooring with kadapa slabs and electrification. It is shown as CMHN and MNOP in the plaint plan (items IV & V respectively). Rest of the site towards south shown as OPQR (item VI in the plaint plan) and QRXY (items VII to IX respectively) is vacant.

(ii) In the above thatched house all the plaintiffs and wife of the first plaintiff have been living. The second defendant resides near Srinivasa Picture Palace, Ponnur. Different portions out of items III & II of shop rooms along with items IV, V, VII & VIII gifted to the daughter of the f