AALETI SRINIVAS Vs. AALETI DAYAKAR

JUDGEMENT

(1.) These two appeals are between the same parties in relation to the same item of property. Hence, they are disposed of through a common judgment. For the sake of convenience, the parties herein are referred to as arrayed in C.C.C.A. No. 2 of 2007.

(2.) The 2nd respondent is the mother of the appellant and the 1st respondent. The appellant filed O.S. No. 191 of 2003 in the Court of XII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, for cancellation of gift settlement deed, dated 20.01.2003, executed by the 1st respondent in favour of the 2nd respondent, transferee of the suit schedule property-a house constructed in an area of 171 square yards situated at Kachiguda, Hyderabad, and for the relief of perpetual injunction to restrain the respondents/defendants from dispossessing the appellant. The 2nd respondent, in turn, filed O.S. No. 2875 of 2004 in the same Court, against the appellant, for the relief of recovery of possession of that very property and for damages of Rs. 60,000/- for use and occupation of the said premises.

(3.) The appellant stated that their father died when himself and the 2nd respondent were at very young age, and he learnt the skills of turner on lathe machine, and started working in a private firm at relatively younger age. He stated that he obtained the licence to drive light motor vehicles, whereas the 2nd respondent passed S.S.C., and thereafter went to Dubai. The family is said to be the tenants in respect of the suit schedule property owned by Mr. Panjala Yadaiah. The appellant pleaded that himself and the 2nd respondent contributed equal amounts, and purchased the same in January, 1993 and the sale deed was obtained in the name of their mother, the 1st respondent. According to him, the 2nd respondent was not even in India, when the sale deed was executed.