GUNDU PARVATHAMMA Vs. PENUBARTHI SREENIVASULU

JUDGEMENT

(1.) This Second Appeal arises out of judgment and decree dated 17.06.1996 in A.S. No. 12 of 1990 on the file of learned Principal Subordinate Judge, Gudur, Nellore District, whereby he confirmed the judgment and decree dated 31.03.1990 in O.S. No. 192 of 1983 on the file of learned District Munsif, Venkatagiri, Nellore District.

(2.) For convenience, the parties are referred to as they are arrayed in the suit.

(3.) The plaintiff is the appellant. She filed the above mentioned suit for declaration of title and recovery of possession of the small extent of 21 square yards of property in Venkatagiri Town. The plaintiff had set up her title to the suit schedule property on the basis of registered sale deed dated 20.06.1983 purchased from the original owner of the property i.e., hereditary trustee of Sri Kasi Viswanadhaswamy Temple. The said sale deed was marked as Ex.A1. It is admitted case that a part of the suit property on the southern side was in occupation of the defendant. As the defendant refused to vacate the said property, the plaintiff filed the suit for the above mentioned relief. The suit was resisted by the defendant. According to him, one P. Krishnaiah (D.W.I) occupied the property in the year 1960 and sold the same to the defendant under a purported agreement of sale on 30.04.1979. This agreement of sale was marked as Ex.B-12. The defendant has pleaded that his predecessor-in-interest was in open, continuous and uninterrupted possession since the year 1960 and that after his purchase, he also continued in possession till the filing of the suit and that thereby, the defendant has perfected his title by adverse possession.