SATYAMMA AND ORS. Vs. BHOODEVI

JUDGEMENT

(1.) THE defendants 1 to 4 in Original Suit No. 4 of 1989, on the file of the Court of Subordinate Judge (Now Senior Civil Judge), Nirmal, Adilabad District (For short, 'the trial Court'), preferred this Appeal against the impugned decree and judgment dated 30.07.1993; wherein, the Suit filed for declaration and recovery of possession of the suit schedule property, which is more fully described in the schedule annexed to the plaint, was decreed in favour of the plaintiff.

(2.) DURING pendency of this Appeal, 1st appellant herein died and her legal representatives i.e., 5th appellant herein was brought on record and 2nd appellant herein died and his legal representatives i.e., appellants 6 to 8 were brought on record as per the orders of this Court in A.S.M.P. Nos. 1565 and 1562 of 2013, dated 28.02.2014.

(3.) THE plaintiff filed the Suit for declaration of title and recovery of possession of the plaint schedule property of an extent of Ac. 14.00 guntas of dry land out of Ac. 27.39 guntas in S. No. 518 and Ac. 0.39 guntas of wet land in S. No. 407/C situated at Basar village, which is more fully described in the schedule annexed to the plaint, alleging that she purchased the schedule property from one Sayamma, wife of Dharmanna, in the year 1980, who initially sold to the plaintiff Ac. 10.00 guntas in S. No. 518 and Ac. 0.39 guntas in S. No. 407/C for total consideration of Rs. 43,500/ - under a registered sale deed dated 10.09.1980, marked as Ex. A -1; subsequently, she sold another piece of Ac. 4.00 guntas of dry land in S. No. 518 to the plaintiff for consideration of Rs. 15,000/ - under a registered sale deed dated 16.09.1980, marked as Ex. A -2, delivered vacant possession of the schedule property to the plaintiff on the date of execution of the sale deeds itself. After purchase of the schedule property, the name of the plaintiff was mutated in the revenue records and effected transfer of patta in her favour. Originally, the schedule property belongs to the husband of Sayamma, who died prior to 1956, and after his death Sayamma became absolute owner of the schedule property and she was in possession and enjoyment till she sold the property to the plaintiff. While the matter stood thus, the 3rd defendant without any manner of right forcibly occupied the schedule property in the month of June, 1998 with the aid of defendants 1, 2 and 4.