BANDARU SYAMSUNDER
Gandey Perraju – Appellant
Versus
Datla Veerabhadra Raju – Respondent
JUDGMENT :
1. The defendant Nos.1 to 3 in O.S.No.38 of 1985 on the file of Subordinate Judge, Peddapuram are the appellants, the respondent Nos.1 to 3 are the plaintiffs in the suit. The respondent Nos.4 to 6 are the legal representatives of the deceased-3rd plaintiff.
2. The appellants and the respondent Nos.1 to 3 herein after referred to as plaintiffs and defendants as arrayed before the trial Court.
3. The plaintiffs instituted the suit against the defendant Nos.1 to 3, seeking relief of partition of the plaint schedule properties into two equal shares and allot one such share to the plaintiffs. After the death of the 3rd plaintiff, her legal representatives were added as defendant Nos.4 to 6 and claimed the relief that the plaint schedule properties be divide into two equal shares and allot one such share to the plaintiff Nos.1 and 2 and the defendant Nos.4 to 6, and for possession and also compensation of Rs.3,000/- for the years 1981 to 1985, and for costs.
4. It is the contention of the plaintiffs that the plaint ‘A’ schedule property was purchased by late Buddharaju Butchiraju, son of Veeraraghava Raju and his sister, late Subbayamma @ Subhadrayamma, wife of the 1st plaint
Non-alienating coparceners are not bound by the alienation of the other co-owners.
to approach the Civil Court for adjudicating the title in issue and when the defendant's patta had been cancelled during 1995 merely on the production of certain electricity bills and house tax recei....
The main legal point established in the judgment is the validation of sale deeds, entitlement to seek partition and separate possession, and the rejection of adverse possession claims.
Parties must prove their title claims in property disputes, and long-standing adverse possession can extinguish demand for title.
The judgment emphasizes that possession by one co-sharer does not constitute adverse possession, and mutation in revenue records does not establish ouster. The need for evidence to prove adverse poss....
Ouster among co-sharers requires hostile animus, long exclusive possession known to other co-owner; mere possession insufficient.
Possession of one co-parcener is deemed possession of all; mere long possession does not establish adverse possession without evidence of ouster.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.