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2021 Supreme(AP) 596

M.VENKATA RAMANA
Kasivisweswara Swami Temple, Rep. by the Executive Officer – Appellant
Versus
Syed Peeru Saheb S/o Syed Gafoor – Respondent


Advocates Appeared:
For the Petitioner: M Venkata Ramana Reddy
For the Respondent: A V Sivaiah

JUDGMENT :

The 1st defendant in O.S.No.24 of 1987 on the file of the Court of the learned Additional Senior Civil Judge, Chittoor is the appellant. The respondents 1 to 7 are the legal representatives of Smt. Rameeza Bi, Wife of Sri Syed Peeru Saheb.

2. Smt. Rameeza Bi as the sole plaintiff instituted the suit against the appellant and the respondents 8 and 9 to declare her right, title and interest to the plaint schedule property and to deliver the same to her.

3. Smt. Rameeza Bi died during pendency of the suit. The respondents 1 to 7 were brought on record as her legal representatives.

4. The plaint schedule described the land in dispute as an extent of Ac.0-81 cents in S.No.372/3 being a wetland at Palamaner of Chittoor District. There are 14 tamarind trees in this land. It shall be hereinafter referred to as ‘the suit land’, for convenience.

5. Sri Ballapalli Muninarayana Chetty, S/o. Sri Changala Chetty was the original owner of an extent of Ac.1-74 cents covered by S.No.372 of Palamaner. This land was sub-divided into S.Nos.372/1, 2 and 3. Sri Muninarayana Chetty had a son Sri Chengaiah Chetty. Sri Muninarayana Chetty was enjoying the above extent. Ac.0-33 cents out of it was giv

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