JUDGMENT:

The above second appeal is filed by the plaintiff in the suit against the judgment and decree dated 01.02.2018 in A.S.No.10 of 2011 on the file of Senior Civil Judge, Bapatla, reversing the judgment and decree dated 28.10.2010 in O.S.No.313 of 2006 on the file of Principal Junior Civil Judge, Ponnur.

2. For the sake of convenience, the parties to this judgment are referred to as they were arrayed in the plaint.

3. Suit O.S.No.313 of 2006 is filed for recovery of Rs.77,740/- with future interest at the rate of 24% p.a. from the date of suit till the date of realization.

4. In the plaint it was contended inter alia that an extent of Ac.20.07 cents of land, wet and dry, in Mulukuduru Panchayat originally belonged to late Tummala Narasaiah. The said Narasaiah is having four sons, namely, Tummala Satyanarayana, Dr.Tummala Veeraiah, Dr.Tummala Suryanarayana and Dr.Tummala Seshagiri Rao. Tummala Narasaiah died in the year 2000 and his son Dr.Tummala Veeraiah died in February, 2002. By the date of death of Narasaiah, plaintiff was cultivating Ac.13.65 cents, which includes Ac.3.57 cents i.e. plaint schedule property as tenant and has been paying maktha without committing any default.