IMPORTANT POINT
Settled possession, supported by revenue records and documents, entitles a party to permanent injunction, even in the absence of title, when the true owner is not a party to the suit.

JUDGMENT

1. This Second Appeal is filed aggrieved against the Judgment and decree in A.S.No.127 of 2005 on the file of I Additional District Judge, Chittoor, dtd. 13/10/2006, dismissing the Judgment and decree in O.S.No.331 of 1997 on the file of Principal Junior Civil Judge, Chittoor, dtd. 28/8/2004.

2. The appellant herein is the defendant and the respondent herein is the plaintiff in the Original Suit No.331 of 1997 on the file of Principal Junior Civil Judge, Chittoor.

3. The plaintiff initiated action in O.S.No.331 of 1997 on the file of Principal Junior Civil Judge, Chittoor, with a prayer to declare the title of the plaintiff over the plaint schedule property and for grant of permanent injunction against the defendant and his men from interfering with the plaint schedule property.

4. The learned Principal Junior Civil Judge, Chittoor, partly decreed the suit by granting permanent injunction and the suit in respect of declaration of title of plaintiff over the suit schedule property is dismissed. Felt aggrieved of the same, the unsuccessful defendant in the above said suit filed the aforesaid appeal before the first appellate Court. The plaintiff has not filed any appeal against the dismissal of title in the suit. The learned I Additional District Judge, Chittoor, dismissed the first appeal and confirmed the decree and judgment passed by the trial Court. Aggrieved thereby, the unsuccessful defendant/appellant approached this Court by way of second appeal.

5. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the original suit.

6. The case of the plaintiff, in brief, as set out in the plaint averments in OS.No.331 of 1997, is as follows:

The plaintiff is an Ex-Serviceman and was retired from service in August 1989 and he is a landless poor person and on his application, the Mandal Revenue Officer, Bangarupalem assigned the land to the plaintiff Under D.K.T.No.89/4/1403, dtd. 31/10/1993 and after observing all the formalities, delivered possession of the same to the plaintiff and subsequently the plaintiff has been personally cultivating the said land by raising ground-nut crop. The plaintiff paid land revenue to the Government and also taken crop loan from Sri Venkateswara Grameena Bank, Bangarupalem and discharged the loan. He spent more than Rs.10, 000.00 for reclaiming the land. Government granted pattadar past book and title deed in favour of the plaintiff by recognizing his possession over the land.

ii. The said land was originally assigned to one Karakala Subba Naidu, who died on 24/1/1991. His wife predeceased him. He had no issues. He executed a will deed dtd. 20/12/1979 in favour of one Rajamma, who is the wife of his brother-in-law by bequeathing half share in the schedule mentioned land. Rajamma took possession of the land after the death of Kakarla Subba Naidu. At the time of assigning of suit schedule land i.e., Ac.3.52 cents to Kakarla Subba Naidu, he was living with his younger brother Lingama Naidu. As such, the said Lingama Naidu was enjoying half share in the suit land. On 18/1/1978 Lingama Naidu sold the same to one Easwaramma, who is the wife of his brother-in-law and delivered possession of the same. The said Easwaramma sold the same to one D.Subramanyam Naidu, who is the brother-in-law of Kakarla Subba Naidu. Thus, Subramanyam Naidu and his mother Rajamma entitled the entire Survey number. Subramanyam Naidu and his mother Rajamma migrated to Mekalasanipalle near Punganur, in the year 1993. Prior to their migration, they jointly relinquished their rights over the plaint schedule land to the Mandal Revenue Officer, Bangarupalem. The Mandal Revenue Officer having satisfied about the relinquishment of their rights, accepted the relinquishment and cancelled the patta that was granted earlier. Kakarla Subba Naidu had only one brother i.e., Lingama Naidu. His half share was sold to Easwaramma. Subba Naidu was being looked after by Rajamma and her son Subram