SURAPANENI VENKATA RATNAM Vs. SURAPANENI RAJESWARAMMA

JUDGEMENT

(1.) Defendants in the suit filed the above revision against the order dtd. 31/1/2022 in I.A.No.1139 of 2019 in O.S.No.207 of 2019 (old O.S.No.65 of 2016) on the file of Additional Chief Metropolitan Magistrate-cum-Senior Civil Judge, Gannavaram.

(2.) Respondent, being the plaintiff filed suit O.S.No.65 of 2016 on the file Senior Civil Judge, Gannavaram for cancellation of registered sale deed dtd. 7/3/2013 in respect of plaint schedule property which was obtained by defendants 1 to 4 by fraud, undue influence and misrepresentation without any consideration and for permanent injunction restraining the defendants and their men from interfering with plaintiff's possession and enjoyment of the plaint schedule property and also for grant of permanent injunction restraining the defendants 1 to 4 from alienating the plaint schedule property etc. Suit was renumbered as O.S.No.207 of 2019 on the file of Additional Chief Metropolitan Magistrate-cum-Senior Civil Judge, Gannavaram.

(3.) (a) In the plaint, it was contended interalia that plaintiff is the absolute owner of plaint schedule property and the same was gifted to plaintiff by her mother at the time of her marriage; that pattadar pass book and title deed were issued in favour of plaintiff; that in February, 2013 defendants 1 to 4 approached and requested the plaintiff to arrange money for higher studies of defendants 3 and 4 and when the plaintiff expressed her inability, defendants informed that one Velagapudi Vasudeva Rao, husband of sister of 2nd defendant agreed to provide money with a condition of executing mortgage deed in respect of schedule property; that considering the future of defendants 3 and 4 and believing the words of defendant 1 and 2, plaintiff signed all the papers on the impression that transaction was mortgage deed; that 2nd defendant also took pattadar pass book and title deed.