Hon'ble , J.—Leave granted.

2. The present appeal filed by the appellant herein arises out of an order passed by the High Court of Andhra Pradesh at Hyderabad in Appeal Suit No. 2185 of 1989 whereby the High Court has dismissed the appeal filed by the appellant herein and affirmed the judgment and decree passed by the Trial Court in favour of the respondent.

3. The appellant herein was the defendant in the suit filed by the respondent seeking for a decree for possession and future mesne profits with interest at the rate of 6% per annum and for payment of Rs. 4,500/- with interest at the rate of 6% per annum till realization. One of the contentions which was raised in the suit was that the respondent/plaintiff was the adopted son of Late Anne Seetharamaiah and if the findings are in the affirmative, in that event, he would be entitled to claim for recovery of possession of the scheduled land.

4. The case of the respondent-plaintiff in the suit was that in 1965, one Myden Saheb of Atkuru Village in Gannavaram Taluk of Krishna District filed a small cause suit being S.C. No. 44of 1965 against Atluri Brahmanandam of the same village. The suit was decreed by the Court of District Munsif, Nuzvid for an amount of Rs. 355/-. Consequent upon the passing of the said decree, the decree-holder Myden Saheb filed E.P. No. 29 of 1967 during the course of which the judgment-debtor's agricultural wet land admeasuring Acs. 1.78 was sold in auction in which Anne Seetharamaih purchased the same for 5,900/-. The auction purchaser is the adopted father of Anne Sai Bapuji, who filed the present suit in the Court of Subordinate Judge, Vijaywada which was later transferred to the Court of Subordinate Judge, Gudivada.

5. The respondent-plaintiff had stated in the plaint that after Seetharamaiah purchased the property in Court auction on 26.4.1968, Brahmanandam filed various applications in E.P. No. 29 of 1967 and prevented delivery of possession. However, the Court delivered the possession to Seetharamaiah on 10.7.1974. It was, however, contended that by taking advantage of pendency of Miscellaneous Appeal in the High Court, Brahmanandam trespassed into suit scheduled property in January, 1975 and obtained wrongful possession. It was also contended that Anne Sai Bapuji, the respondent herein, is the adopted son of Late Anne Seetharamaiah who died intestate on 7.8.1981, as a result of which all his properties devolved on respondent and, therefore, he is entitled to a decree for recovery of possession.

6. The appellant herein who was the defendant denied that the respondent is the adopted son of Late Seetharamaiah. He also denied delivery of possession on 10.7.1974 and contended that the aforesaid auction sale is liable to be set aside. It may be mentioned at this stage that the appellant herein did not file any separate suit seeking to setting aside the auction sale in which the adoptive father of the respondent purchased the said property. Without filing such a suit against the sale by which the appellant has been divested of the title to the property, the appellant cannot claim to be the owner of the suit property. But the present suit was filed by the respondent seeking for decree delivery of possession which was also contested by the appellant and, therefore, we are required to examine the contention of the learned counsel appearing for the parties and to decide the lis between them.

7. The main issue, therefore, in the present appeal on which extensive argument was made is as to whether or not the respondent was the adopted son of Late Anne Seetharamaiah. In the plaint filed, the respondent claimed himself to be the adopted son of Late Seetharamaiah. During the trial of the suit, the appellant also relied upon and proved Ex.A-8. Relying heavily on the said document, it was contended by the respondent that in terms of the said document, the respondent should be held to be the legally and validly adopted son of Anne Seetharamaiah.

8. In view of the pleadin

Click Here to Read the rest of this document