SHARADA BAI Vs. JAMUNA BAI

JUDGEMENT

(1.) This Letters Patent Appeal is being decided after remand by the Hon'ble Supreme Court. It arises out of O.S.No.1110 of 1981 on the file of the V Additional Judge, City Civil Court, Hyderabad.

(2.) The facts, in brief, are as under: For the sake of convenience, the parties are referred to, as arrayed in the suit.

(3.) One Ganesh Lal and his wife Sharbati Bai had four sons, viz., Brij Mohan, Shambudayal Gupta, Jagadish Pershad and Omprakash Gupta. Sharbati Bai purchased a house near Charkaman, Hyderabad through sale deed dated 02-09-1960 (Ex.A-28) from her close relation, by name, Gilli Bai. The plaintiff, Smt. Sharada Bai, wife of the youngest son, Sri Omprakash Gupta is said to have purchased the suit schedule property through two sale deeds dated 05-12-1980 (Ex.A-3) and 04-06-1981 (Ex.A-4) from her mother-in-law, Sharbati Bai. According to her, there are three tenants in the premises but the wife and son of her brother-in-law, Mohan Gupta have trespassed into the property covered by Ex.A-3. She filed the suit for declaration of title in respect of plaint 'A' and 'B' schedule properties; recovery of plaint 'A' schedule, perpetual injunction in respect of plaint 'B' schedule, and for recovery of damages @ Rs.6,000/- per month from the date of filing of the suit, and @ Rs.2,000/- per month prior to the filing of the suit.