D VENKATALAKSHMAMMA Vs. VELURU RAJESWARAMMA

JUDGEMENT

(1.) This Second Appeal, under Section 100 of the Code of Civil Procedure, 1908 (for short, 'CPC'), is directed against the judgment and decree, dated 03.08.2011, passed in A.S. No. 3 of 2009 on the file of the Senior Civil Judge, Srikalahasti, whereunder and whereby, the judgment and decree, dated 08.04.2009, passed in Original Suit No. 155 of 2005 on the file of the Principal Junior Civil Judge, Srikalahasti, were confirmed. The appellants herein are the defendants, and the respondent herein is the plaintiff, in the trial Court. For better appreciation of facts, the parties are hereinafter referred to, as they are arrayed before the trial Court.

(2.) The plaintiff filed the suit stating as follows:

(3.) Defendant No. 1 filed written statement, which was adopted by defendant Nos. 2 to 5, denying the averments made in the plaint and stated that father of appellant Nos. 2 to 5 and husband of appellant No. 1 was in continuous, possession and enjoyment of plaint schedule property; that the defendants obtained Pattadar Pass Book and title deed in respect of the said property; that the plaintiff did not challenge the judgment in A.S. No. 14 of 1995, and so, it became final; that the plaintiff never paid any amount to these defendants and hence, they pray to dismiss the suit.