BEJJAM LEELAMMA Vs. DEVARAPALLI MASIMMA

JUDGEMENT

(1.) The judgment, dtd. 20/4/2012, in Appeal Suit No.31 of 2010, on the file of the Court of Senior Civil Judge, Mangalagiri (for short, 'the learned Senior Civil Judge') is under challenge in this Second Appeal filed by the appellant/defendant.

(2.) The respondent herein is the plaintiff in Original Suit No.267 of 2006 on the file of the Court of Principal Junior Civil Judge, Mangalagiri (for short, 'the learned Principal Junior Civil Judge'), who filed the Suit with a prayer to declare that she is the absolute owner of the plaint schedule property and for consequential recovery of possession of the plaint schedule property from the defendant. The learned Principal Junior Civil Judge dismissed the Suit of the plaintiff. Felt aggrieved of the same, the un-successful plaintiff, in the above said Suit, filed the aforesaid Appeal before the appellate Court. The learned Senior Civil Judge set-aside the judgment of the learned Principal Junior Civil Judge in O.S. No.267 of 2006 thereby decreed the suit of the plaintiff declaring that the plaintiff is the absolute owner of the plaint schedule property and directed the defendant to deliver possession of the suit schedule property by 30/6/2012. Felt aggrieved of the same, the un-successful respondent/defendant therein approached this Court by way of this Second Appeal.

(3.) For the sake of convenience, the parties hereinafter will be referred to as arrayed before the trial Court.