The court held that the respondents established their title and possession over the suit land, dismissing the appellants' claims due to insufficient evidence.

JUDGMENT :

Renuka Yara, J.

Heard Sri N. Praveen Reddy, learned counsel for the appellants on admission. Perused the entire record.

2. The Second Appeal is preferred aggrieved by the judgment and decree in A.S.No.36 of 2024 dated 01.07.2025 passed by the learned Principal District Judge at Vikarabad (‘First Appellate Court’), confirming the judgment and decree in O.S.No.118 of 2016 dated 04.06.2024 on the file of the learned Principal Junior Civil Judge at Vikarabad (‘trial Court’), wherein a suit filed for declaration of title and recovery of possession has been decreed in favour of the respondents/plaintiffs directing the appellants herein/defendants to deliver vacant possession of the suit schedule property.

3. The brief facts of the dispute between the appellants and the respondents herein are that one Yenkathala Balaiah was a common ancestor of the appellants and the respondents. After the death of said Balaiah, all the properties which stood in his name were mutated in the name of his wife-Yenkathala Bichamma. After the death of Yenkathala Bichamma, the property devolved on her sons by name Yenkathala Bhimaiah and Yenkathala Hanmaiah. The said properties were mutated in the name of the eldest son, Yenkathala Bhimaiah, though both were in joint possession and enjoyment of the properties. According to the respondents, Yenkathala Bhimaiah and his brother Hanmaiah have cultivated the land in Sy.No.121/A, admeasuring Ac.3-12 guntas along with land in other survey numbers situated in Allipur Village, Dharur Mandal, Ranga Reddy District, upto 1991-1992. Thereafter, the properties were partitioned between Bhimaiah and Hanmaiah orally. The land in Sy.No.121/A to an extent of Ac.3-12 guntas at Allipur Village has fallen to the share of the father of respondents i.e., Bhimaiah. The father of the respondents died in the year 1998, leaving two sons namely Yenkathala Ananthaiah and Yenkathala Ramulu. After the death of Bhimaiah, the sons i.e., the respondents have applied for mutation in revenue records with respect to land bearing Sy.No.134/EE, 181/A, 121/A and 134/AA to an extent of Ac.2-00, Ac.1-06 guntas, Ac.3-12 guntas and Ac.2-00 respectively at Allipur Village, Dharur Mandal of Ranga Reddy District. The said mutation proceedings have been effected and thereafter, entries were made in books of record of rights. The respondents were issued with title deed passbook and were receiving amounts under Rythubandu. The respondents obtained bank loans by submitting the original title deed of the suit schedule property as security. The father of the appellants i.e., Hanmaiah died leaving behind the appellants as his legal heirs and successors. The appellants have no right over the property belonging to the respondents. It is the respondents who are jointly cultivating the land in Sy.Nos.121/A/2 and 121/A/1 to an extent of Ac.1-21 guntas and Ac.1-21 guntas totaling to Ac.3-12 guntas which is the suit schedule property. Since the respondents were aged and were not having money and muscle power, the appellants dispossessed them on 08.06.2016 leading to filing of the suit for declaration of title and recovery of possession.

4. The case of the appellants is that actual partition between Bhimaiah and Hanmaiah took place about 30 years ago and they are in possession of the respective lands. Bhimaiah being the elder son, all the lands were mutated in his name after the death of their mother Bichamma. Further, Bhimaiah and Hanmaiah have purchased other lands in addition to the suit schedule property. The lands continued to be in the name of Bhimaiah till the year 2002, but the appellants are in actual possession and cultivating said land. The mutation proceedings were obtained and reve