HONOURABLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.175 OF 2010 Dated 27-8-2010 Between: Godi Ramachandra Naidu. …Petitioner. And: D.Venkatrama Naidu and others. ...Respondents. HONOURABLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.175 OF 2010 JUDGMENT: This appeal is filed by the appellant against the Judgment dated 13th July, 2009 passed by the learned III Additional District Judge, Tirupati in A.S.No.48 of 2000. Appellant herein is the plaintiff and respondents herein are the defendants before the trial Court. The status of the parties will hereinafter be referred to as arrayed before the trial Court for the sake of convenience. Originally, the plaintiff filed the suit in O.S.No.757 of 1995 before the learned Principal Junior Civil Judge, Tirupati seeking declaration of his title and permanent injunction for the suit schedule dry land of Ac.1.26 cents in S.No.30/13 of Daminedu village. Before the trial Court, on behalf of the plaintiff, P.Ws.1 to 3 were examined and Exs.A.1 to A.10 were marked. On behalf of the defendants, D.Ws.1 to 3 were examined and Exs.B.1 to B.5 were marked. Ex.X.1 was also marked. On considering the oral and documentary evidence and after hearing the arguments of the learned counsel, the trial Court dismissed the suit. Aggrieved by the same, the plaintiff has preferred the appeal before the lower appellate Court wherein the appeal was dismissed confirming the judgment of the trial Court. Aggrieved by the same, the present Second appeal has been preferred by the plaintiff. Heard the learned counsel for the plaintiff and perused the Judgments of the trial Court as well as the lower appellate Court and material available on record. It is contended by the learned counsel for the plaintiff- appellant that both the courts below have failed to appreciate that the revenue records are not the evidence of title. But, both the courts below mainly relying on the entries in the revenue records, rejected the claim of the plaintiff. It is the case of the plaintiff that the suit schedule property originally belongs to A.B. Govindacharyulu and after the death of the said Govindacharyulu, his son A.B. Bakthavachalam sold the suit schedule property to the plaintiff under Ex.A.1 registered sale deed. It is also his case that the said property was purchased by the father of the plaintiff’s vendor i.e., Govindacharyulu from one Dasari Govinda Reddy under Ex.A.2 sale deed and thereafter, the plaintiff purchased the said property under Ex.A.1. He also relied on Exs.A.4 to A.7 said to have been the linked documents of the said property. It is the case of the defendants that the suit schedule property originally belongs to one Venugopal pillai and after the death of the said Venugopal Pillai, his legal heirs i.e., his wife namely S.Nagarathnamma, his sons S. Doravelu Pillai, S.Rudravelu Pillai and S. Shanmuga Pillai who in turn sold the suit schedule property to the 2nd defendant under Ex.B.2 registered sale deed and the 2nd defendant sold the same to the 1st defendant under Ex.B.1. Exs.A.4 and A.7 does not prove the title of the plaintiff for the suit schedule property as held by the trial Court. Apart from that, Exs.B.3 Certified copy of 10 (1) Account and B.4 certified copy of Adangal are in the name of Venugopal Pillai and Exs.B.5 to B.9 kist receipts filed by the defendants were also in the name of Venugopal Pillai as rightly observed by the Courts below. Therefore, the plaintiff was not in possession of the suit schedule property and the 1st defendant has been in continuous possession and enjoyment of the schedule property from the date of Ex.B.l. In that view of the matter, the plaintiff is not entitled for decree of declaration of title and for permanent injunction as sought for by him. In view of the concurrent findings recorded by the courts below, I do no find any substantial question of law and as such, this Second Appeal is devoid of merits and the same is liable to be dismissed. Accordingly, this Second Appeal is dismissed. No costs. ____________________________ JUSTICE V.ESWARAIAH Dated 27-8-2010 Dvs HONOURABLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.175 OF 2010 Dated 27-8-2010