COMMON JUDGMENT: -

The A.S. No.453 of 2003 is filed by plaintiff against the Decree and Judgment, dated 17.02.2003, passed in O.S. No.278 of 1995 on the file of the Additional Senior Civil Judge,Tirupati. The Plaintiff filed the Suit against the Defendants for claiming the relief of declaration of the plaintiff’s title to the schedule property and consequently granting permanent injunction against the defendants and their men from in any way interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule property and for costs. The trial Court decreed the Suit in part, declaring the plaintiff’s right and title over the suit schedule property as prayed for but the suit with regard to the relief of permanent injunction is dismissed. The appeal A.S.No.453 of 2003 is filed by the appellant/plaintiff in the said suit questioning the decree and judgment passed by the trial Court insofaras rejecting the relief of permanent injunction is concerned.

2. The A.S. No.613 of 2003 is filed by first defendant against the Decree and Judgment, dated 17.02.2003, passed in O.S. No.278 of 1995 on the file of the Additional Senior Civil Judge, Tirupati. This Appeal i.e., A.S.No.613 of 2003 is filed by the appellant/ first Defendant in the said suit, questioning the decree and judgment passed by the trial Court insofar as decreeing the suit relates to title of the plaintiff.

3. Both the appeals are filed against the judgment dated 17.02.2003 passed in O.S.No.278 of 1995 on the file of the Additional Senior Civil Judge, Tirupati, both the appeals were heard together and they are being disposed of by this common judgment.

4. The parties to the above two appeals are referred to as they were arrayed before the trial Court.

5. The brief averments of the plaint, in O.S. No.278 of 1995, are as follows:

One Biswanatha Prasad @ Viswanatha Prasad was the absolute and original owner for the total extent of the land Ac.12.59 cents in S.No.202/3 of Vedanthapuram village accounts of Thummalagunta group, Tirupati Rural Mandal. He was also granted rythwari patta by the then settlement officer, Nellore. The said Biswanatha Prasad along with his second son and fourth son and his daughter namely I.T.Dube, I.N.Dube and Kumari Bhuvaneswari, after receiving valid consideration, executed an agreement of sale dated 31.05.1976 for the total extent of Ac.12.59 cents in favour of one Erraiah @ C.Lakshmipathi, who is the father of the plaintiff and delivered possession to him on the same day. Since then, the said Lakshmipathi had been in possession and enjoyment of the same by raising crops and paying cist to the government. The said Biswanatha Prasad died intestate on 16.10.1978 leaving behind him his second son, fourth son and daughter to succeed to his estate including the plaint schedule property being his self-acquisitions, as he executed a will dated 14.01.1978 in a sound and disposing state of mind to their favour and it was hislast will. The other sons of Biswanatha Prasad have no right, interest, title or possession and enjoyment over the bequeathed properties and thus the legatees under the said will became the absolute owners of the properties left by the deceased Biswanatha Prasad.

ii) After the demise of Biswanatha Prasad, the legatees, I.T.Dube, I.N.Dube and Kumari Bhuvaneswari, as absolute owners and in pursuance of the agreement of sale dated 31.05.1976, executed a registered sale deed to an extent of Ac.5.00 cents on 02.05.1986 with regard to the plaint schedule property in favour of the plaintiff and registered on 27.06.1986, at the request of the plaintiff’s father, the original agreement holder dated 31.05.1976 as the plaintiff’s father received consideration for his necessities from the plaintiff. The rest of the land covered under the above agreement of sale likewise conveyed by executing and registering the same in favour of Smt C.Munemma, mother of the plaintiff, under two different sale deeds. Ever since the date of purchase, the