THE HONOURABLE SRI JUSTICE M.LAXMAN SECOND APPEAL NO.302 OF 2001

J U D G M E N T:

1. This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree, dated 04.08.2000 in A.S.No.48 of 1996 on the file of Senior Civil Judge, Nagarkurnool (for short ‘first appellate Court’), wherein the said appeal filed by the appellants herein was dismissed confirming the judgment and decree of the trial Court dated 14.09.1994 in O.S.No.121 of 1988 on the file of District Munsif, Kollapur (for short ‘trial Court’).

2. The appellant No.1 herein is the plaintiff and the respondents are the defendants. For the sake of convenience, the ranks of the parties as referred in the original suit is maintained.

3. Heard learned counsel for the appellants – plaintiffs and learned counsel for the respondents - defendants. Perused the record.

4. The sum and substance of case of the plaintiff is that originally late Balachandraiah Goud was the original owner of the suit lands and the patta was also standing in his name. The said Balachandraiah Goud died intestate in the year 1950 leaving behind him, the plaintiff namely Akkala Sivanna as his legal heir. The deceased had widow by name Naramma and also daughter Pullamma but they have no right of inheritance, since the deceased Balachandraiah died in the year 1950, as such, the plaintiff inherited the entire properties of his late father namely Balachandraiah Goud including the suit lands.

5. Naramma was the second wife of the deceased and step mother of the first plaintiff. Pullamma is the daughter of said Naramma. Naramma also died in the month of April, 1981. After the death of Balachandraiah Goud, his entire landed property including the suit lands have been mutated in the name of plaintiff. Until 1961-62, his name had been continued as owner and possessor in the revenue records. Later Pullamma got mutated entries in her name in the revenue records by misrepresenting that the plaintiff died. On knowing the said facts, the plaintiff filed an application before the Revenue Divisional Officer, Nagarkurnool and the said application was dismissed directing him to seek appropriate remedy before the competent authority. As such, the plaintiff filed appeal before the District Collector, Mahabubnagar and the same was pending.

6. It is the further case of the plaintiff that the defendants 1 and 2 filed a suit for partition and separate possession against the defendant Nos.3 and 4 on the file of the District Munsif, Kollapur in O.S.No.14 of 1979 alleging that they have purchased the suit lands from Naramma and Pullamma under registered sale deed dated 28.02.1972. The said suit was decreed on 30.12.1982, wherein the plaintiff was impleaded as defendant No.3. Against the said judgment and decree, the defendant Nos.3 and 4 have also filed an appeal before the Subordinate Judge, Wanaparthy vide AS No.29 of 1984 and the said appeal was dismissed on 15.07.1985 with a finding that the plaintiff herein is free to raise the question in a separate suit and the judgment of the suit will not barred as resjudicata. Therefore, the suit has been filed.

7. The case of the defendants is that after the death of Balachandraiah Goud, the dispute arose between the first wife namely Naramma and the plaintiff and the matter was adjudicated before the Tahsildar, Kollapur granting equal shares to Naramma as well as the plaintiff. A claim was raised that on misrepresentation, proceedings were issued saying that the plaintiff died. The RDO has found that such a claim was incorrect. The defendants are unaware of any appeal filed by the plaintiff. The partition among the defendants had been decreed and in appeal it was confirmed. They purchased the properties under registered sale deed dated 28.07.1972 and the plaintiff is aware of such sale and the purchasers names were also mutated in the revenue records. The plaintiff sold out all the lands which he got under partition through various persons and h