GOKARAJU SAMBAIAH Vs. NARALASETTY ANASUYAMMA

JUDGEMENT

(1.) This second appeal is filed by the 2nd defendant in O.S.No. 1393 of 1980 on the file of the III Additional District Munsif, Guntur in decreeing the suit of the sole plaintiff by judgment and decree dated 16-2-1987, which was confirmed on appeal filed by the appellant and two other defendants by judgment and decree dated 29-12-1994 in A.S.No. 62 of 1987 on the file of the I Additional District Judge, Guntur.

(2.) On Naralasetty Anasuyamma w/o. Venkaiah filed the suit against Gokaraju Venkaiah. Gokaraju Venkaiah died pending the suit, and his two sons, namely, Gokaraju Sambaiah (the appellant herein) and Gokaraju Hanumantha Rao and also Gokaraju Kotamma, the mother of the appellant (Gokaraju Sambaiah) were brought on record as the legal representatives of the deceased defendant Gokaraju Venkaiah.

(3.) The case of the plaintiff is that the suit Plot bearing No. 139 admeasuring 142 square yards is the part of the Sagothula Peerla Manyam belonging to Chinna Moula Ashurkhana, a Muslim Wakf Property, managed by its Muthavallis, viz., Mohammed Afkhan, Rahim Afkhan and Babu Afkhan. The plaintiff's husband encroached the suit schedule Plot No. 139 to an extent of 142 square yards about 15 years earlier to the filing of the suit and constructed his own house therein, and the plaintiff and her husband were living therein. They had no issue and the plaintiff's husband died 6 years prior to the filing of the suit, and therefore, the plaintiff alone is the sole heir to the property. It is stated in the plaint that the defendants are related to the plaintiff's husband, and at the request of the defendants, the defendants were allowed to reside in the house by the plaintiff's husband and eke out their livelihood, and thus they have got into possession of the house of the plaintiff with the permission of the plaintiff's husband. After the death of the plaintiff's husband, the 2nd defendant gained confidence of the plaintiff by assisting her in domestic and Court matters. The Muthavallis of Sagothula Peerla Manyam filed O.S.No. 42 of 1972 on the file of the Principal Sub-Court, Guntur against the occupiers numbering more than 300 including the plaintiff's husband, who was figured as 83rd defendant in the said suit. While the suit was pending, a compromise was evolved between the A.P. Wakf Board, Hyderabad and the occupiers, and as per the terms of the compromise, which was also ratified by the Government, the Muthavallis were directed to sell their land to the occupiers at the rate of Rs. 7.00 per Square yard. A compromise petition was also filed by them, and accordingly, a decree was also passed by the Trial Court on 16-2-1979. It is stated that as the plaintiff was not well, she went to her brother's house at Ponnur, as there was none to look after her at Guntur, and in the month of July 1979, the 2nd defendant represented to the plaintiff that all the occupiers were getting their plots registered and asked her to pay Rs. 2,000.00 to get the suit plot registered in her name, and the plaintiff simply believed the 2nd defendant and paid Rs. 2,000/- to him. When the plaintiff came from Ponnur to live in her house at Guntur, the defendants drove her from the house saying that she has nothing to do with the house and the house was registered in their name. The plaintiff surprised and shocked for the way in which the defendants behaved, and on enquiry, the plaintiff came to know that the 2nd defendant deceived her by signing the compromise petition for himself, but not on behalf of the plaintiff as represented earlier. The plaintiff came to know that the defendants cheated the plaintiff and the Muthavallis and all the concerned and got the suit site registered in the name of the 1st defendant. The defendants got registered the sale deed in the name of the 1st defendant by fraud and the sale deed No. 4123/79 dated 17-7-1979 is illegal, invalid and it is not binding on the plaintiff.