VENKATARAMA BOYI Vs. PUTTA BOYI

JUDGEMENT

(1.) THE appellant is before this Court assailing the concurrent judgments passed by the Courts below in O.S.No.127/2008 which was affirmed in R.A.No.9/2010.

(2.) THE plaintiff is the uncle of the defendant. He was before the trial Court seeking for a judgment and decree of declaration and permanent injunction in respect of suit schedule property. The case of the plaintiff was that the suit schedule property had fallen to the share of the defendant in the partition effected amongst the family members and thereafter, the defendant had sold the suit schedule property to the plaintiff under a sale deed dated 20.03.1976. In that light, the plaintiff claiming to be the absolute owner of the property had sought for declaration of his title and for injunction to protect his possession. The defendant had however disputed the very sale deed dated 20.03.1976 said to have been executed by him contending that, even if such document was obtained, the same was without the knowledge of the defendant as he was under the influence of the plaintiff, who was his uncle since the father of the defendant had died at a very young age.

(3.) THE trial Court, on taking note of the rival contentions had framed as many as four issues for its consideration: