BOMMINENI VENKATAMMA Vs. P GANGAMMA DIED

JUDGEMENT

(1.) Defendants in the suit preferred this Appeal under Sec. 96 of Code of Civil Procedure (C.P.C.). Respondents herein are the plaintiffs in the suit. Appellants impugn the judgment dtd. 22/4/2016 of learned Senior Civil Judge, Dharmavaram in O.S.No.26 of 2012.

(2.) Sri Vijay Ashrith, the learned counsel for the appellants and Sri Maheswara Rao Kuncheam, the learned counsel for respondent Nos.2 to 6, submitted arguments.

(3.) The property in dispute is Ac.17.73 cents of land in Bathalapalli Revenue Village of Dharmavaram of Anantapur District. This land originally belonged to Sri B.Peddanna. He died intestate and his property was succeeded by his two sons by name Sri Pedda Sangappa and Sri Chinna Sangappa. Sri Pedda Sangappa died unmarried and issueless and died intestate. Sri Chinna Sangappa also died survived by his wife Venkatamma and a son by name Sri B.Nagabhushanam. Smt. Venkatamma executed a registered gift deed dtd. 23/9/2011 in favor of her son Nagabhushanam as per Ex.B.1 and thus, gifted the plaint schedule property to him. Within days thereafter, the donee Sri Nagabhushanam executed a registered sale deed dtd. 29/9/2011 as per Ex.B.2 in favour of Sri K.Chandrayudu and Sri K.Chennakesavulu. It is these transactions that gave rise to the controversy. Therefore, showing the mother and son as defendant No.1 and defendant No.2 and the two purchasers as defendant No.3 and defendant No.4, the plaintiffs filed O.S.No.26 of 2012 stating that they owned and possessed the property and their title is in cloud and therefore they prayed for declaration of their right and title over the plaint schedule property and for a consequential permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment and for costs and such other reliefs. The essence of the plaintis that Sri Pedda Sangappa and Sri Chinna Sangappa sold out Ac.4.00 cents of the plaint schedule property under a registered sale deed dtd. 9/6/1967 as per the original of Ex.A.3. Subsequently Sri Chinna Sangappa died survived by his wife/defendant No.1 and a minor son/defendant No.2. Sri Pedda Sangappa and defendant No.1 for herself and his natural guardian of defendant No.2 sold out the remaining extent of Ac.13.73 cents under a registered sale deed dtd. 27/3/1978 as per Ex.A.4. Plaint further refers to the relationship among plaintiffs and the purchasers under those documents and they state that by 27/3/1978 the plaint schedule property was no more with Sri Pedda Sangappa and Sri Chinna Sangappa and their families and yet by creating Ex.A.5-gift deed and Ex.A.6-sale deed they wanted to grab the property and that forced them to file the suit.