T.VENKATA RAVAMMA Vs. K. ARNATI LAKSHMAMMA

JUDGEMENT

(1.) The Appeal Suit, under Sec. 96 of the Code of Civil Procedure, 1908 (for short, 'CPC'), is filed by the appellants/plaintiffs aggrieved by the judgment and decree dtd. 21/2/2014 passed in Original Suit No.52 of 2010 on the file of the XII Additional District Judge, Krishna at Vijayawada.

(2.) The appellants herein are the plaintiffs, and the respondents herein are the defendants, in the suit. For better appreciation of facts, the parties are hereinafter referred to, as arrayed before the trial Court.

(3.) The plaintiffs filed the aforesaid suit seeking declaration of their title over the suit schedule property and for permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit schedule property in any manner over the suit schedule property. The averments in the plaint, in brief, may be stated as follows. 1st plaintiff is the wife, 2nd plaintiff is the son, and plaintiffs 3 and 4 are the daughters, of one Pandu Ranga Rao, who purchased the suit schedule property from 2nd defendant society, being member of the society, under a registered sale deed dtd. 29/2/1996, and during his life time, he enjoyed the property as the absolute owner and died on 4/6/2001 intestate leaving the plaintiffs as his legal representatives. From the date of his death, plaintiffs have been in possession and enjoyment of the said property. While things stood thus, 1st defendant filed Original Suit No.1994 of 2007 on the file of the I Additional Junior Civil Judge, Vijayawada against 2nd plaintiff and others, who are strangers to the suit schedule property, for simple injunction, and the said suit was decreed. 1st defendant put up false claims and is claiming title by relying on some documents. Hence, to clear the cloud over their title, plaintiffs filed the present seeking declaration and permanent injunction.