SANGAIAH Vs. KRISHNAMMAL

JUDGEMENT

(1.) The appellants, who are the plaintiffs, have come forward with this second appeal, challenging the concurrent findings of both the Courts below, by dismissing the suit filed by the plaintiffs for declaration of title and injunction. They are claiming title by stating that the property is belonging to their father and mother, who died intestate and they are in possession and enjoyment of the property. One of his brotherPonraj died intestate leaving behind his wife without any issued and she also died. His sister has executed the release deed and hence, he is in possession and enjoyment of the property.

(2.) The first defendant/son of the plaintiff's paternal aunt attempted to interfere his peaceful possession and hence, he constrained to file the suit for declaration of title and injunction. According to the first defendant, the plaint schedule properties 1, 2 and 4 are self acquired properties and obtained 3rd and 5th properties from ancestors. He has also filed the sale deed in his favour. He has also filed documents to show that they are in possession and enjoyment of the same.

(3.) The trial Court, after considering both the pleadings, written statement and the submission made on either side, has framed necessary issues and after considering the oral and documentary evidence, dismissed the suit, stating that the plaintiffs have not proved that they are the owners of the property and they are in possession and enjoyment of the suit properties and even though, the plaintiffs have examined eight witnesses on their side, no revenue records has been filed to prove their possession. Against the said judgment and decree, the appellants have preferred an appeal and the first appellate Court has also considered the arguments of both sides and confirmed the decree and judgment of the trial Court, against which, the second appeal has been filed.