BALAM DIGUVATHATTU RAMACHANDRA REDDY Vs. BALAM DIGUVATHATTU SAROJAMMA

JUDGEMENT

(1.) The appellant is the 3rd defendant in O.S.No.128 of 1996 on the file of the Senior Civil Judge, Piler, Chittoor District. The suit was filed by the 1st respondent for the relief of declaration of title and perpetual injunction in respect of four items of immovable property. The respondents 2 and 3 are the parents of the appellant and the 1st respondent i.e., plaintiff is the wife of the elder brother of the appellant. The 1st respondent pleaded that while items 1 to 3 of the suit schedule property were purchased by her through sale deed, dated 03.04.1974, under Ex.A1, item 4 was purchased through a sale deed, dated 10.06.1974, under Ex.A2. She stated that she has been issued pattedar passbook and title deeds and has been enjoying the property exclusively. She pleaded that the 2nd respondent is her father-in- law, who got issued a notice stating that the suit schedule property belongs to the joint family and in the light of that she not only got issued a reply, but also filed a suit for declaration.

(2.) The appellant, on the one hand, and the respondents 2 and 3, on the other, filed separate written statements.

(3.) In both the written statements, it is stated that the property was purchased by the husband of the 1st respondent for and on behalf of the joint family and for the sake of convenience, the sale deeds were executed in favour of the 1st respondent. The trial Court decreed the suit through judgment, dated 23.11.2007. Aggrieved by that, the appellant filed A.S.No.4 of 2008 in the Court of the VII Additional District Judge (Fast Track Court), Madanapalle, Chittoor District. The appeal was dismissed on 27.06.2012. Hence the Second Appeal.