L. RUDRAMUNI SWAMY Vs. RACHAPPA

JUDGEMENT

(1.) The captioned first appeal is filed by the defendant No.1 questioning the judgment and decree of the Court of first instance wherein plaintiff's suit is decreed declaring the plaintiff as absolute owner of the suit schedule property. Consequently, defendant No.1 is directed to handover possession of the suit schedule property. The trial Court has also ordered for separate enquiry for mesne profits.

(2.) For the sake of brevity, the parties are referred to as per their rank before the Court below.

(3.) The original plaintiff namely Rachappa @ Rachaiah who is the father of defendant No.2 instituted suit seeking relief of declaration of title and possession of the suit schedule property. The original plaintiff contended that defendant No.2 is the son and suit item No.1 bearing Sy.No.56/1 measuring 50 guntas was purchased by plaintiff under registered sale deed dtd. 8/6/1957. Therefore, plaintiff claimed that item No.1 is his self acquired property. Plaintiff further pleaded that defendant No.2 who is the son managed to get his name mutated to the revenue records in 1987-88 and based on mutation, his son i.e., defendant No.2 sold item No.2 in favour of defendant No.1 under registered sale deed dtd. 24/3/1988. The original plaintiff claimed that there is no partition between himself and his son i.e., defendant No.2 and further pleaded that his son taking undue advantage of his illiteracy has alienated item Nos.1 and 2 under registered sale deed dtd. 24/3/1988. The plaintiff also specifically pleaded that he was dispossessed by defendant No.1 and hence, sought relief of declaration to declare sale deed dtd. 24/3/1988 executed by defendant No.2 in favour of defendant No.1 as an invalid document and not binding on plaintiff.