LAWS(APH)-2012-11-25

PAGADALA BHARATHI Vs. J.RADHA KRISHNA

Decided On November 15, 2012
Pagadala Bharathi Appellant
V/S
J.Radha Krishna Respondents

JUDGEMENT

(1.) The defendants in O.S.No.21 of 1994 on the file of the Court of Senior Civil Judge, Srikalahasti, are the appellants herein.

(2.) The suit was filed for declaration of title and for injunction with regard to item No.1 and for recovery of possession of item No.2.

(3.) The allegations in the plaint go to show that the schedule property belonged to one K.V.G. Murthy having purchased item No.1 from one P.Subba Rao and item No.2 was assigned by the Government. The plaintiff is the brother's son of the said K.V.G. Murthy, who executed a Will on 30.09.1992 bequeathing the schedule properties to the plaintiff and died on 08.10.1992. The plaintiff got possession of item No.1. The 1st defendant is the wife of the second defendant and they have no right over the schedule property. The 1st defendant is an orphan and without any right taking advantage that she worked as a maid servant for sometime in the house of deceased K.V.G. Murhty forcibly took possession of item No.2 of the schedule property. Under the above circumstances, the suit was filed after issuing a legal notice.