JUDGMENT :

This appeal is arising out of the judgment dated 30.03.2011 in A.S.No.32 of 2008 on the file of Family Court-cum-Additional District and Sessions Judge, Mahabubnagar, which is arising out of the judgment and decree dated 29.01.2008 in O.S.No.6 of 2004 on the file of Senior Civil Judge, Mahabubnagar.

2. For the purpose of convenience, the parties are referred to as arrayed in the original suit.

3. The appellants are the defendants. The suit was filed for partition and separate possession. The brief facts of the plaint are that plaintiff Nos.1 to 3 are the sisters of defendant Nos.1 to 3. The suit scheduled land in Sy.No.503 to an extent of 10-00 acres situated at Sankalamaddi village of Addakal Mandal, is the self-acquired property and stridhana of their mother Smt. Rathnamma and that during the life time of said Rathnamma, she donated the land to the Government for construction of office complex and possession of land was handedover to the Government in the year 1984 and the land was converted into Khariz Khatha. But the Mandal headquarters could not be constructed, as Addakal was selected as Mandal headquarters. Then, on the petition by the parties to the suit, the Chief Commissioner of Land Administration, A.P., ordered for return of land to the legal heirs of the donor Smt. Rathnamma vide proceedings No.B4/1348/2002, dated 01.08.2002. As per the said orders, the District Collector, Mahabubnagar issued proceedings No.B1/5116/2001, dated 23.06.2003 and directed the MRO to return the land to the legal heirs of the original donor. Accordingly, the MRO, Addakal has complied with the orders of the District Collector and restored the names of defendant Nos.1 to 3 alone in the revenue records as legal heirs of Rathnamma, instead of plaintiff Nos.1 to 3 along with defendant Nos.1 to 3.

4. It is the further case of plaintiffs that they have filed an application before the MRO, Addakal under Section 4 of Record of Rights Act and that MRO, Addakal has granted succession in favour of defendant Nos.1 to 3 only, for which, the plaintiffs have filed an appeal against the illegal succession done by MRO, before the RDO, for which, an appeal was registered as Appeal No.3013/03, as the property is the Stridhana property of plaintiff’s mother, the plaintiffs are also equally entitled for equal shares along with defendant Nos.1 to 3, but the MRO delayed in issuing the proceedings, for which, defendant Nos.1 to 3 filed Writ Petition No.19333/03 before this Court, wherein, directions were issued to implement the orders of the Collector. It is the specific contention of the plaintiffs that the MRO ignored the orders of the Collector and recorded the names of defendant Nos.1 to 3 alone in the revenue records and in view of the illegal implementation of the orders in the name of defendant Nos.1 to 3, they converted the entire 10 acres of land into house plots and started selling the land and that the defendants executed registered sale deed document No.3029/03 in favour of one Md. Omer for 266 square yards, and as such, the present suit was filed by the plaintiffs demanding for partition of suit schedule land into six equal shares.

5. The defendants filed a detailed written statement denying all the allegations made in the plaint. The specific contention of the defendants is that the lands in Sy.No.363/1 to an extent of Ac.1-22 guntas, Sy.No.363/2 to an extent of Ac.0-38 guntas, Sy.No.365 to an extent of Ac.1-39 gts., Sy.No.366 to an extent of Ac.2-30 gts., Sy.No.502 to an extent of Ac.9-11 gts., dry and the suit survey No.503 to an extent of Ac.15-34 guntas, totally an area of Ac.32-34 guntas originally belong to one Sri Venkata Kishan Rao resident of Gundumal village of Kodangal Taluq and the entire land was under the actual possession and enjoyment of Late Sudhakar Reddy, who is the father of plaintiffs and defendants 1 to 3 and in continuation of his actual possession, Late Sudhakar Reddy had purchased the above land including the suit sche