REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6039 OF 2003

Chatti Konati Rao & Ors.

…. Appellants

Versus

Palle Venkata Subba Rao

…. Respondent

J U D G M E N T

CHANDRAMAULI KR. PRASAD, J.

1.

Plaintiff No. 1 is the son of plaintiff No. 2, whereas

original defendant Nos. 1 and 2 were brother and sister of the

second plaintiff. Both the defendants died during the

pendency of the suit. The heirs and legal representatives of the

first defendant were substituted in his place and they had

contested the suit.

2.

Plaintiff filed the suit for recovery of possession in respect

of several properties mentioned in schedule of the plaint and

in the present appeal we are concerned with Schedule – I

property i.e. four acres of land pertaining to R.S. No. 44/3

situate at village Vijjeswaram, hereinafter referred to as the

land in dispute.

3.

According to the plaintiffs their predecessor-in-interest

viz., one Venkata Ramana Rao, who happened to be the father

of plaintiff No. 1 and husband of plaintiff No. 2, was the owner

of land in dispute. Venkata Ramana Rao was a Government

em