LAWS(APH)-2014-7-96

G. SHRAVAN KUMAR Vs. D. SRINIVAS

Decided On July 18, 2014
G. Shravan Kumar Appellant
V/S
D. Srinivas Respondents

JUDGEMENT

(1.) SINCE these appeals and the revisions are between the same parties, and in respect of same properties, they are disposed of through a common judgment.

(2.) THE appellant owned a three storied building constructed in Plot No. 61 situated at M/s. Hyderabad Asbestos Cooperative Housing Society Limited, Thokatta Village, Secunderabad, carved out of Survey No. 160. He executed three separate sale deeds in respect of each floor, in favour of the respondents, in the year 1939. He filed O.S. Nos. 348, 349 and 350 of 1998 in the Court of III Senior Civil Judge, City Civil Court, Secunderabad, against the respondent, with a prayer to cancel the sale deeds, executed by him in favour of the 1st respondent. It was pleaded that the mother of the appellant was a partner of M/s. Swathi Bharani and Company and that it has run into losses. After death of his mother, the subscribers as well as other persons are said to have pressed the appellant to clear certain dues.

(3.) THE 1st respondent, on the other hand, filed O.S. Nos. 50, 51 and 52 of 1999 in the same Court, for recovery of possession of the property covered by the respective sale deeds. He pleaded that the property was purchased by him for valuable consideration from the appellant and having received the entire consideration and executing the sale deeds, the latter did not deliver possession thereof.