GOWRAMMA Vs. BHADRAMMA

JUDGEMENT

(1.) This appeal is filed by the legal representatives of the deceased plaintiff in O.S. No.506/2005 challenging the concurrent finding of fact by both the Courts that the plaintiffs are not entitled for perpetual injunction in respect of the suit schedule property.

(2.) The parties shall henceforth be referred as they were arrayed before the Trial Court.

(3.) The deceased plaintiff claimed that the suit property was owned and possessed by his mother Smt.Rudramma, who had purchased it on 31/7/1961. She died on 29/12/2003 and hence, the deceased plaintiff succeeded to the said property and got his name transferred in the revenue records. The plaintiff alleged that his mother had borrowed loan from the Primary Land Development Bank, Anekal by mortgaging the suit property and had deposited original documents of title with the Bank. However, the Bank had misplaced the original deeds. The plaintiff alleged that defendants No.2 and 4 had colluded with Narayan Reddy and created documents in respect of the suit property and were attempting to alienate the same which prompted the plaintiff to issue notice to defendants No.2 and 4 and Narayanareddy. The plaintiff, therefore, sought for perpetual injunction restraining the defendants from interfering with his possession. During the pendency of the suit, the plaintiff expired and his legal heirs came on record.