IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Second Appeal No.413 of 1994 Between: 1.Ambala Lingaiah and others ..... Appellants AND 1.The State of A.P., rep. by the Collector, Karimnagar .....Respondent Counsel for the Appellants: Mr.Y.Neelakanta Reddy for Mr.V.Ravikiran Rao Counsel for the Respondent: AGP for Arbitration The Court made the following : Judgment: In this Second Appeal, filed by the appellant, the judgment and decree, dated 08-07-1994, in A.S.No.4 of 1992 on the file of the learned Subordinate Judge, Jagitial, confirming the judgment and decree, dated 23-03-1992, in O.S.No.607 of 1985, on the file of the learned District Munsif, Metpalli, is questioned. As the sole appellant died pending this Appeal, appellant Nos.2 to 8 were brought on record as his legal representatives, by order, dated 24-09-2008, of this Court. For convenience, the parties are referred to as they are arrayed in the suit. An extent of Ac.0-07 guntas, situated in Metpalli Village, Karimnagar District (hereinafter referred to as ‘the suit property’), is the subject matter of the suit. According to the plaintiff, the suit property is situated in Survey No.754. His case is that he purchased the suit property under a registered sale deed, dated 22 February, 1991, marked as Ex.A.20. As the defendant and its subordinates sought to interfere with his possession over the suit property, he filed the suit for declaration of title and permanent injunction. A written statement was filed on behalf of the defendant, inter alia pleading that the suit land is a Government land, comprised in Survey No.753; that initially the land was allotted to Village Officers Association in the year 1978; that as the said Association failed to comply with the condition of allotment, the allotment was cancelled and; that the land was re-allotted to Scheduled Caste Co-operative Society on 10th February, 1987. On the basis of the respective pleadings of the parties, the trial Court framed the following issues: “1.Whether the suit land of Ac.0-07 guntas is part of Survey No.754 or 753? 2.Whether the plaintiff has been in possession of the suit land? 3.To what relief, the plaintiff is entitled?” On behalf of the plaintiff, he examined himself as PW.1, three others as PWs.2 to 4 and got marked Exs.A.1 to A.20. On behalf of the defendant, DWs.1 to 9 were examined and Exs.B.1 to B.13 were marked. During the pendency of the suit, the trial Court appointed the Assistant Director (Survey and Land Records) as Court Commissioner, for conducting survey and submitting a report. Accordingly, the Commissioner submitted his report, which was marked as Ex.C.1. On a consideration of the entire evidence on record, including Ex.C.1- the Commissioner’s report, the trial Court has come to the conclusion that the suit property forms part of Survey No.753 and that the plaintiff was not in possession thereof. The lower appellate Court confirmed these findings of the trial Court and dismissed the appeal. At the hearing, though the learned Counsel for the plaintiff made strenuous efforts to convince this Court that the findings of the Courts below are not legal and proper, having regard to the evidence on record discussed above, the concurrent findings arrived at by the Court’s below cannot be said to be either incorrect or erroneous. The Commissioner in Ex.C.3- report has categorically found that the suit property fell in Survey No.753. In the face of this finding, the premise, on which the plaintiff pleaded that he is the owner of the suit property, is proved to be erroneous, because the said plea was advanced by him on the assumption that the suit property was constituted in Survey No.754. As the suit property was found to be in Survey No.753, the plaintiff could not derive any title thereon. In view of the above, I do not find any substantial questions of law arising in this Second Appeal and the same is, accordingly, dismissed. ___________________________ (C.V.NAGARJUNA REDDY, J) 25th February, 2010 lur