CHELLUBOYINA NAGARAJU Vs. MOLLETI RAMUDU ALIAS VIJAYALAKSHMI

JUDGEMENT

(1.) The above second appeal is filed by the defendant against the judgment and decree dtd. 27/2/2020 in A.S.No.41 of 2019 on the file of Senior Civil Judge, Razole, confirming the judgment and decree dtd. 31/8/2018 in O.S.No.71 of 2013 on the file of Junior Civil Judge, Razole.

(2.) For the sake of convenience and brevity, the parties herein are referred to as they are arrayed in the O.S.No.71 of 2013.

(3.) The plaintiffs, sisters, filed suit O.S.No.71 of 2013 to declare their title and for recovery of possession etc. In the plaint, it was contended interalia that the plaint schedule property originally belonged to Chelliboina Somalamma, mother of plaintiffs; that Somalamma executed a registered gift settlement deed dtd. 10/9/2003 reserving life interest and vested remainder to the plaintiffs; that Somalamma died on 28/12/2012 and hence the schedule property devolved upon the plaintiffs being vested remainder holders; that during the life time of Somalamma, she allowed the defendant to cultivate plaint schedule property; that after death of Somalamma, the plaintiffs demanded the defendant to deliver the plaint schedule property and at that point of time, defendant pleaded that he purchased the schedule property from Somalamma; that defendant might have obtained the document by misrepresentation and taking advantage of innocence of Somalamma and the said document does not bind the plaintiffs; that all the efforts made by the plaintiffs to take delivery went futile; that the plaintiffs got issued a legal notice dtd. 22/2/2013, however defendant refused to receive the same and hence, filed the suit.