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2010 Supreme(SC) 1187

Chatti Konati Rao – Appellant
Versus
Palle Venkata Subba Rao – Respondent


JUDGMENT

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 employee and in his absence defendant No. 1 i.e. elder brother of second plaintiff used to look after his property. Said Venkata Ramana Rao died in the year 1948 and thereafter the plaintiffs came back to the village and started looking after the agricultural land including




















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